Borrowing from the Board: District Court Obviousness in the Post-IPR Era

Federal Circuit affirmed Judge Andrews's ruling that Lupin's tolvaptan ANDA process doesn't infringe Otsuka's patents and that the method claims are invalid as obvious over prior art. The decision highlights how district courts are increasingly handling obviousness challenges previously addressed by PTAB, as Director Squires has effectively shut down inter partes reviews. Judge Andrews applied PTAB-style obviousness analysis, finding motivation to modify prior art with reasonable expectation of success.