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Mylan Inc. v. Daiichi Sankyo Co., Ltd.

Certiorari Denied

Petition for certiorari denied on March 21, 2011.

Docket No.10-770

Issue

Whether, contrary to this Court's decision in KSR International Co. v. Teleflex Inc., the Federal Circuit has erred in applying a “lead compound test"? as the exclusive standard for determining whether a patent claim directed to a new chemical compound is “obvious”? and therefore invalid under 35 U.S.C. § 103(a).

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