mpep.io

OSI Pharm., LLC v. Apotex Inc.

939 F.3d 13752019 USPQ2d 379681Fed. Cir.
AI-generated holding

Efficacy data and absolute predictability are not always required to show a reasonable expectation of success for obviousness, but mere hope that a promising drug will work is not enough in a highly unpredictable art with a 99.5% failure rate and no reliable indicator of success.

Generated summary for orientation only — not legal advice. Verify against the opinion.