Bayer Pharma Ag v. Watson Laboratories, Inc.

MOORE, Circuit Judge.

Watson Laboratories, Inc. appeals the District of Delaware’s final judgment holding Wat$on failed to prove by clear and convincing evidence that claims 9 and 11 of U.S. Patent No. 8,613,950 (“the ’950 patent”) would have been obvious. We hold the district court clearly erred in finding a skilled artisan would not have been motivated to use the claim elements. Considering the district court’s clear error together with the remainder of its fact findings, we conclude that claims 9 and 11 of the ’950 patent would have been obvious. We therefore reverse.

Background

In 2003, the…