SPOTLIGHT: SCHERING CORP. V. GENEVA PHARMACEUTICALS INC.
Applying the doctrine of inherency, the U.S. Court of Appeals for the Federal Circuit held that prior art on a method of treatment anticipates a later patent claim to a chemical compound formed within a patient because of the treatment. The later claim is anticipated, and thus invalid, so long as the in vivo formation inevitably flows from the treatment, even if one of skill in the art does not know it and the prior art does not explicitly disclose it.
