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An Unsuccessful Reach for the STELARA, Written description of generic biomolecule claims

AbbVie owns US 6,914,128 (’128), which covers a variety of anti-IL12 monoclonal antibodies. AbbVie markets an anti-IL12 monoclonal (viz. Humira®) as a treatment for a variety of auto-immune disorders, including psoriasis....more

7/7/2014 - Biotechnology Generic Drugs Patent Infringement Patent Litigation Patents Pharmaceutical Patents Prescription Drugs

All We Like Sheep Have Gone Astray

The CAFC extends Myriad beyond DNA claims - Much ink has recently been spilled arguing that the PTO’s new guidelines go further than they should, and that Myriad’s reasoning should not be applied to proteins, cells,...more

5/12/2014 - CAFC DNA Genetic Materials Myriad Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents Product of Nature Doctrine USPTO

Written description for functional limitations in view of Alcon Research Ltd. v. Barr Labs

Alcon owns US 5,631,287 (‘287), of which Claim 1 recites “[a] method of enhancing the chemical stability of an aqueous composition comprising a therapeutically-effective amount of a prostaglandin, wherein the method comprises...more

4/1/2014 - Chemicals Patent Applications Patent Litigation Patents Written Descriptions

Mayo, Myriad, and Multi-factor balancing tests

Updated subject matter eligibility guidance from the USPTO - On the same day that the Supreme Court’s opinion was handed down in Assoc. for Mol. Pathology v. Myriad Genetics, 133 S. Ct. 2107 (2013), the U.S. Patent...more

3/7/2014 - AMP v Myriad Balancing Test Mayo v. Prometheus Myriad Patent Litigation Patents

Russian to bring an invention into the U.S.

Solvay v. Honeywell and §102(g) invention “in this country” Although recent statutory revisions have done away with 35 U.S.C. §102(g), patents with an effective ?ling date before 16 March 2013 are still governed by the...more

2/21/2014 - America Invents Act Foreign Priority Applications Honeywell International New Inventions Patent Litigation Russia

Prove that You Are DIFFERIN Enough!

In the recent case of Galderma Labs v. Tolmar Inc., the Federal Circuit announced an important new rule for evaluating obviousness of selection inventions. The court also gave important guidance as to what constitutes...more

12/16/2013 - Advertising Generic Drugs Obviousness Patents Prescription Drugs Trademarks

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