Petitioner's Failure to Argue that Prior Art was Analogous to Challenged Patent Results in Reversal of IPR Decision
By Chris Holman Sanofi-Aventis Deutschland GMBH v. Mylan Pharms Inc., 2023 WL 3311549, - F.4th - (Fed.Cir.May 9, 2023).The "analogous arts" test is used in patent law to determine whether a particular reference is relevant for the purposes of an obviousness analysis.Under this two prong test, a reference is relevant if it is from the same field of endeavor as the invention at issue, or if it is reasonably pertinent to the problem the invention is trying to solve.