The recent Federal Circuit decision in the case of Cytiva v. JSR has provided a significant clarification on how inherent properties are to be handled in the context of patent obviousness determinations. This ruling effectively removes the necessity of a “reasonable expectation of success” analysis for inherent properties, which had previously been a point of contention for patent practitioners.
By definitively addressing this requirement, the court offers essential guidance that could influence the strategy and assessment of patent validity moving forward. This decision is likely to refine and reshape how legal professionals prepare and argue cases concerning the obviousness of inherent properties in patents.
Lawrence Kass of Steptoe has commented on the implications of this judgment, stating that it resolves certain ambiguities that had previously complicated the patent application and litigation process.