Searching Content indexed under Trials & Appeals & Compensation by Antoinette Konski ordered by Published Date Descending.
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Statements Of Efficacy And Safety Material Claim Limitations
In Allergan Sales, LLC v. Sandoz, Inc., (Fed. Cir. 2018-2207, Aug. 29, 2019), the Federal Circuit held that "wherein" clauses in a patent claim were limitations
United States
4 Sep 2019
New Guidance From Federal Circuit For Computer-Implemented Medical Methods
A patent claiming methods to integrate physiological treatment data remotely using a computer was held invalid under 35 U.S.C. § 101
United States
19 Mar 2019
Diagnostic Method Claims And Primer Tools Lack Patent-Eligibility
The decision summarizes this panel's current thinking on the patent-eligibility of unmodified polynucleotides and methods to detect "natural phenomena" using "conventional" tools.
United States
23 Oct 2018
Medical Treatment Patent Claims Held Patentable Subject Matter Under The Alice/Mayo Section 101 Test
In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int'l Ltd, Slip Op. (Nos. 2016-2707, 2016-2708, April 13, 2018) the U.S. Court of Appeals ...
United States
29 May 2018
Why The Federal Circuit Revisited Written Description
In Stanford University v. The Chinese University of Hong Kong, the Federal Circuit vacated and remanded interference decisions on the ground the PTAB applied the incorrect standard in determining ...
United States
20 Jul 2017
Federal Circuit Knocks Out Patents After CBM Challenge
Apple successfully invalidated three patents for failure to recite patent eligible subject matter.
United States
21 Feb 2017
Federal Circuit's Recent Primer On Patent-Eligibility
A method of producing a desired population of multi-cryopreserved hepatocytes was held to be patent-eligible because the challenged claims did not recite a judicial exception.
United States
8 Jul 2016
Supreme Court Declines Sequenom Review
The '540 Patent was awarded to inventors Yuk-Ming Dennis Lo and James Stephen Wainscot for "Non-invasive prenatal diagnosis."
United States
7 Jul 2016
Will The Supreme Court Clarify Patent-Eligibility?
There is no doubt that the courts and the USPTO, at least initially, have broadly applied Alice and Mayo to diagnostic method patents and inventions in the personalized medicine space.
United States
29 Jun 2016
Patent Subject Matter Eligibility – Impact On Litigation And Prosecution
Personalized medicine relies on diagnostic technologies to accurately evaluate a patient's clinical or genetic signature to guide treatment decisions.
United States
22 Sep 2015
Nautilus Standard Sinks Dow Patents
Dow sued NOVA alleging infringement of U.S. Patent Nos. 5,847,053 (the '053 Patent) and 6,111,023 (the '023 Patent).
United States
2 Sep 2015
Protecting Diagnostic Innovation – Two Actor Infringement Liability
A patent strategy that may still protect a companion diagnostic is a "test-and-treat" type claim that links the diagnostic test and the therapeutic intervention.
United States
25 Aug 2015
Inventorship, Ownership Issues Cause Dismissal Of Suit
On July 22, 2015, the U.S. District Court for the District of Maryland dismissed a long standing patent infringement suit brought by StemCells, Inc. against Neuralstem, Inc., on the ground that all those with an ownership interest in the patents-in-suit did not voluntarily join as plaintiffs in the action.
United States
3 Aug 2015
Biosimilars Can Sit Out Patent Dance, But May Have To Wait Out Second Exclusivity Period
Stakeholders in this area also should keep in mind the potential availability of inter partes review and post-grant review proceedings to address patent validity issues wholly outside of the BPCIA.
United States
23 Jul 2015
Federal Circuit Invalidates Another Diagnostic Patent
The '540 Patent was awarded to inventors Yuk-Ming Dennis Lo and James Stephen Wainscot for "Non-invasive prenatal diagnosis."
United States
30 Jun 2015
Patenting Stem Cells In View Of The USPTO’s New Interim Guidance
Prior to analyzing patent-eligibility, the claim is interpreted consistent with its broadest reasonable interpretation.
United States
18 Feb 2015
Federal Circuit Dismisses WARF Stem Cell Case – A Missed Opportunity
The U.S. Court of Appeals dismissed Appellant Consumer Watchdog’s appeal on the ground that as a party, it lacked Article III standing.
United States
24 Jun 2014
Supreme Court Requires All Elements For Induced Infringement
The U.S. Supreme Court held that a defendant may not be liable for inducing infringement of a patent under 35 U.S.C. § 271(b) when no one has directly infringed the patent under 35 U.S.C. § 271(a).
United States
5 Jun 2014
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