Daiichi Sankyo Co., Ltd. v. Apotex, Inc.
United States Court of Appeals for the Federal Circuit
501 F.3d 1254 (2007)
Daiichi's (plaintiff) patented ear-infection compound ofloxacin was invented by researchers with specialized drug-development and ENT backgrounds who tested the compound on guinea pigs to confirm it did not damage hearing; in an infringement suit against generic manufacturer Apotex (defendant), the district court found the compound not obvious to a person of ordinary skill in the art defined as a general practitioner or pediatrician, and Apotex appealed that definition.
Whether, in determining the level of ordinary skill in the art pertaining to a patent, the factfinder may consider factors including the inventor's level of education and the nature of the problems in the particular art.