The Court of Appeals for the Federal Circuit held in Senju Phamaceutical Co. v. Lubin Limited , that the district court’s finding of obviousness of the patented invention at issue was correct and did not give any deference to the subsequent finding during an ex parte reexamination by the U.S. Patent and Trademark Office that the claimed invention was patentable.  The opinion can be found here Senju v. Lupin