Blog

American patent rules seem to foreclose additional patent protection for new stereoisomers, while European patent rules offer some margin of hope.

June 24, 2018

Federal Circuit rules that eligibility for drug / diagnostic patent turns on distinction between manipulative steps and mental steps.

May 22, 2018

Patent claiming dose reduction for poor metabolizers affirmed at Federal Circuit.

April 22, 2018

Capital gains treatment is available only if the royalties are paid as consideration for all substantial rights to a patent.

April 03, 2018

Rejection of methyl homolog as prima facie obvious over old compound reversed under lead compound analysis.

February 27, 2018

Japanese patent laws allow applicants to extend patent protection an additional 18 months by following a simple filing sequence. 

February 05, 2018

Drug maker’s decision to list auto-injector patent was not unreasonable when FDA had declined to answer seven industry letters asking whether a drug delivery device patent could be listed in Orange Book.

January 23, 2018

Publication of clinical protocol on ClinicalTrials.gov might anticipate the underlying method of treatment, but not render the method of treatment obvious.

December 19, 2017

Prior art statement that drug was expected to work did not impart reasonable expectation of success because statement was based on post-hoc analyses of earlier studies.

November 21, 2017

Generic labeling induces doctors to practice patented method of treating subset of patients enrolled in pivotal clinical trial.

October 29, 2017