Ucb, Inc. v. Accord Healthcare, Inc.

Because I believe that the district court clearly erred when it found there would not have been a reasonable expectation of success in selecting unsubstituted benzyl for R and unsubstituted methyl for R1, I disagree with the majority that the asserted claims of the '551 patent are patentably distinct from the reference patent claims. I therefore respectfully dissent.

I

The parties focused their double-patenting presentations to the district court on whether claim 9 of the '551 patent (asserted claim) is invalid for obviousness-type double patenting over claims 44 and 45 of the '301 patent…