News & Analysis as of

Method Claims

MoFo Life Sciences

The PTAB Axes Skin Treatment Patent Under Amgen

MoFo Life Sciences on

The Patent Trial and Appeal Board (“PTAB”) recently invalidated a University of Massachusetts (“UMass”) patent related to the treatment of the skin disease vitiligo in a post-grant review. (See Forte Biosciences Inc v....more

Axinn, Veltrop & Harkrider LLP

Is a Claim Term’s Whole Greater Than the Sum of Its Parts?

Claim terms are usually given their ordinary meaning in light of the intrinsic evidence, but what if the ordinary meaning of two claim terms presents an obvious contradiction? That is the issue that the Federal Circuit will...more

AEON Law

Patent Poetry: Federal Circuit: Only Implicit Expectation of Success Required

AEON Law on

The Federal Circuit has affirmed a decision by the Patent Trial and Appeal Board (PTAB or Board) finding that a combination of prior art references requires only an implicit indication of a reasonable expectation of success. ...more

McDermott Will & Emery

Under High Pressure: New Mechanism of Action Can’t Save Drug Administration Claims

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board ruling that method claims reciting a mechanism of action triggered by the co-administration of two known antihypertensive agents were...more

American Conference Institute (ACI)

[Event] 18th Annual Paragraph IV Disputes - April 19th - 20th, New York, NY

Hosted by ACI, 18th Annual Paragraph IV Disputes Conference returns to New York City for another exciting year with curated programming that not only addresses the hot topics, but also puts them within the context of pre-suit...more

Weintraub Tobin

District Court Finds Use of a Method to Manufacture a Product Does Not Indirectly Infringe a Patented Method to Design A Product

Weintraub Tobin on

In Bell Semiconductor, LLC v. Omnivision Technologies, Inc., 8-22-cv-01979 (CDCA Mar. 1, 2023)( John A. Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for...more

Holland & Knight LLP

Metaverse: Patent Infringement in Virtual Worlds

Holland & Knight LLP on

If patent holders want to exclude others from using their invention, then they need to keep an eye on the marketplace to spot infringers. Because the metaverse opens up a new, virtual and potentially endless space where...more

Knobbe Martens

Not a Cowboy Claim Construction, University of Wyoming’s Patent Adequately Defined Claim Term

Knobbe Martens on

CHEVRON U.S.A. INC. v. UNIVERSITY OF WYOMING RESEARCH - Before Newman, Lourie, and Schall. Appeal from Patent Trial and Appeal Board. Summary: Intrinsic evidence is sufficient support for claim construction in an...more

Cooley LLP

Alert: GSK v. Teva – Induced Infringement Liability Despite Skinny Label

Cooley LLP on

In GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., the Federal Circuit reinstated a jury's verdict that Teva infringed GSK's patented method of using its Coreg® drug product, even though Teva's product was initially...more

Knobbe Martens

Improvements to Operation of an Apparatus Were Not Abstract

Knobbe Martens on

XY, LLC v. TRANS OVA GENETICS, LC - Before Wallach, Plager, and Stoll. Appeal from the United States District Court for the District of Colorado. Summary: Claims directed to improving a method of operating an apparatus...more

Mintz - Intellectual Property Viewpoints

Sort It Out: Cell Sorting Method with Data Processing Steps Patent Eligible

In XY, LLC v. Trans Ova Genetics, LC (Case 2019-1789, issued July 31, 2020), the Federal Circuit provided another example of a life sciences method claim avoiding patent ineligibility under the Alice framework at step one,...more

Snell & Wilmer

Vibrations at the Federal Circuit: American Axle and the “New” “Nothing More” Test of Patent Subject Matter Eligibility

Snell & Wilmer on

The Federal Circuit’s recent decisions in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC have not clarified the standard for patent eligibility under 35 U.S.C. § 101 (see a previous analysis of § 101’s...more

Troutman Pepper

Federal Circuit Review - Issue 272

Troutman Pepper on

272-1 Federal Circuit Holds a New Invalidity Challenge at the ITC is not a Change in Condition that Enables the ITC to review the Validity of a Patent or Rescind an Exclusion Order - The Federal Circuit (Court) recently...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2019

PATENT CASE OF THE WEEK - American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, Appeal No. 2018-1763 (Fed. Cir. Oct. 3, 2019) - In this week’s Case of the Week, the Federal Circuit considered whether patent...more

McDermott Will & Emery

Doggonit: Method for Detecting Genetic Mutation Found Subject Matter Ineligible

McDermott Will & Emery on

In a case relating to methods for genotyping a canine breed, the US Court of Appeals for the Federal Circuit upheld a district court’s judgment as a matter of law that the asserted claims were not subject matter eligible...more

Knobbe Martens

Result-Oriented Claims Based on Natural Laws Held Invalid Under § 101

Knobbe Martens on

AMERICAN AXLE & MANUFACTURING, INC. v. NEAPCO HOLDINGS LLC - Before Dyk, Moore, Taranto. Appeal from the United States District Court for the District of Delaware. Summary: Mechanical method claims involving tuning...more

McDermott Will & Emery

When Is “Wherein” Clause Limiting? When It’s Material to Patentability

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court’s finding, based largely on the prosecution history, that disputed “wherein” clauses were limiting and therefore the grant of a preliminary injunction...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Skepticism of FDA Supports Finding of Nonobviousness and Patent Eligibility Not Within Scope of Appeal of an IPR

The Federal Circuit has affirmed a decision by the Patent Trial and Appeal Board finding nonobvious the claims of U.S. Patent No. 7,772,209 (the “’209 Patent”), which are directed to a method of treating cancer. The claims...more

McDermott Will & Emery

A Special “Treatment” for Patent Eligibility

McDermott Will & Emery on

Addressing the patentability of method-of-treatment claims, the US Court of Appeals for the Federal Circuit issued two decision finding such claims patent eligible. Natural Alternatives Int’l, Inc. v. Creative Compounds, LLC,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Upholds Invalidity of Cleveland Clinic’s Claims Directed to Methods for Detecting an Elevated MPO Concentration

In Cleveland Clinic Foundation, Cleveland Heartlab, Inc. v. True Health Diagnostics LLC, (Cleveland Clinic II)[1], a unanimous panel of the Federal Circuit provided yet another guidepost illustrating what is not...more

Knobbe Martens

Natural Alternatives International, Inc. v. Creative Compounds, LLC.: Dietary Supplement Containing A Natural Product Incorporated...

Knobbe Martens on

In Natural Alternatives International, Inc. v. Creative Compounds, LLC., Appeal No. 2018-1295, a divided panel of the Federal Circuit reversed and remanded a decision by the District Court for the Southern District of...more

Foley & Lardner LLP

Federal Circuit Upholds Method Of Treatment Claims Under Vanda And Distinguishes Mayo

Foley & Lardner LLP on

In Natural Alternatives Internat'l v. Creative Compounds, LLC, the Federal Circuit vacated the district court decision that held the asserted claims invalid under 35 USC § 101 at the pleadings stage. I previously wrote about...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Weighs in on Patent Subject-Matter Eligibility of Dietary Supplements

The Federal Circuit weighed in on patent subject matter eligibility again last week, finding certain amino-acid containing dietary supplements, and related methods of use, to be patent eligible. In Natural Alternatives Int’l...more

Stinson LLP

Federal Appeals Court Cautions Against Overapplication of Alice in Biotechnology

Stinson LLP on

In Natural Alternatives Intl. v. Creative Compounds, LLC, the U.S. Court of Appeals for the Federal Circuit reversed a decision by a lower court finding claims directed to dietary supplements containing beta-alanine...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2019 #3

PATENT CASE OF THE WEEK - Natural Alternatives Int’l v. Creative Compounds, LLC, Appeal No. 2018-1295 (Fed. Cir. Mar. 15, 2019) In an appeal from a judgment on the pleadings, the Federal Circuit reversed, issuing an...more

76 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide