Update on Claim Interpretation from the Courts

In another precedential opinion, the Federal Circuit Court of Appeals continued its focus on defining claim term meanings in light of the specification and prosecution history.[i] At issue was Auerbach, et al. (U.S. Pat. 8,822,438), which involves the use of a CYP17 enzyme inhibitor with an anticancer or steroid to treat prostate or breast cancer.[ii] […]

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Diagnostic and Treatment Patent Eligibility Update

The Federal Circuit has been active in clarifying what constitutes patentable subject matter in the medicinal and biotechnology fields, issuing a precedential and nonprecedential opinions over the last few weeks. The cases highlight the importance of including manipulation steps in patent claims, i.e. where a human provides an active step in the claimed subject matter […]

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The Difficulties in Diagnostic Patents, post-Mayo

Since the Supreme Court issued its opinion in the Association for Molecular Pathology v. Myriad Genetics, Inc. and Mayo Collaborative Services v. Prometheus Laboratories, Inc., it has been increasingly difficult for medical diagnostics to become patented or survive a patentability challenge.  In 2012, the U.S. Supreme Court decisions, which applied to a breast cancer test […]

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Update on Brexit Implications on Trademarks

The withdrawal of the United Kingdom from the European Union, i.e. Brexit, is about 8 months from now, and the EU has begun issuing notifications of the implications on various sectors of the economy, including trademarks.[i]  The EU permits entities to obtain trademarks locally from specific countries, like Germany or France, or obtaining EU trademarks, […]

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Obviousness and NSDP Tests

The Federal Circuit Refines Patentability Requirements in pharmaceutical and Chemical Technologies A decision from the Federal Circuit Court of Appeals has refined what is required to show obviousness and anticipation in a pharmaceutical patent.  The patent involved lacosamide, an amino acid-like drug used in epilepsy treatment, shown below: Accord, a generic drug manufacturer, submitted an […]

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