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Patent claims for recombinant G-CSF declared invalid for obviousness.
Amgen brought a patent infringement action against Pfizer regarding a biologic drug, filgrastim.
Pfizer counterclaimed that the asserted claims of the patent were invalid for obviousness, material misrepresentation, and insufficiency.
The court found that the asserted claims were obvious to try as of the invention date in 1985, given the state of the art and the routine nature of the required work.
The court dismissed the allegations of material misrepresentation and insufficiency.