Overlapping Ranges and the Presumption of Obviousness

Janssen v. Teva: Federal Circuit Upholds Claims to Pharmaceutical Dosing Regimen, Clarifies Presumption of Obviousness for Overlapping Prior Art Ranges // Cooley // Global Law Firm

Overlapping Ranges and the Presumption of Obviousness

by Dennis Crouch The Federal Circuit's decision in Janssen v. Teva narrows the scope of the overlapping-range presumption of obviousness, holding that when a patent claim involves an integrated, time-dependent sequence of steps rather than a simple selection of numeric values, courts must conduct a full obviousness analysis instead of applying the presumption that overlapping ranges are obvious. To continue reading, become a Patently-O member. A…