Blog

Federal Circuit reversed district court decision to dismiss patent lawsuit at pleadings stage because dose adjustment required by claims was concrete application of natural law.

September 02, 2019

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

May 22, 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

Claimed pharmacokinetics of chewable tablet were inherent result of practicing the prior art.

August 21, 2017

Board gives pointers on how to overcome obviousness rejection over broad prior art disclosure.

July 11, 2017

Mechanism of Action Claims Rejected based on Definition of "Therapeutically Effective Amount"

May 01, 2017

Method of treating subpopulation of Parkinson's patients patentable even though same therapy for treatment of general Parkinson's populations was known.

January 22, 2017