Recent Posts
- Hikma v. Vanda: Oral Argument Recap
- Teva v. Lilly should not be read as creating a new 112 rule for method of use claims
- Should ANDA filers be using the PTAB to mount early challenges to OB patents?
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- Judge Hughes concurrence highlights post grant review appeal standing issue for pharma cases
Category: Validity–Section 101
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In Astellas Pharma v. Sandoz et al the Federal Circuit vacated the judgment of the Delaware district court finding claims of U.S. Patent No. 10,842,780 invalid under 35 U.S.C. §101 as directed to an ineligible natural law. This was an interesting case. Not only had the defendants not made a 101 challenge, they had stipulated…
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Ass'n for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. ____ (2013) by Christopher P. Singer "We merely hold that genes and the information they encode are not patent eligible under § 101 simply because they have been isolated from the surrounding genetic material." –Thomas, J. On June 13, 2013, the U.S. Supreme Court…
