Rachel Elsby Quoted in Law360 on Amicus Brief Filed to End “Unrealistic” Obviousness Test
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Akin Gump intellectual property partner Rachel Elsby has been quoted in the Law360 article “Fed. Circ. Urged To End ‘Unrealistic’ Obviousness Test.” Elsby spoke with the publication regarding her representation of a biotech trade group that is urging the U.S. Court of Appeals for the Federal Circuit through an amicus brief to end its test for evaluating obviousness.
According to the article, the Biotechnology Innovation Organization is asking the court to get rid of—or clarify—its “prima facie framework,” in which the court first looks at whether there is an initial case that a patent is obvious before considering whether other evidence, such as commercial success, outweighs that evidence.
Speaking of the brief she authored along with Akin Gump counsel Jason Weil, Elsby said, “Our brief is a request to the court to provide more consistency in the decision-making process, and hopefully increase predictability with patent laws.”
