News & Analysis as of

Patent-Eligible Subject Matter › Presumption of Validity

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
Foley & Lardner LLP

District Court Applies Mayo To Treatment Claims But Denies Motion To Dismiss BMS Keytruda Litigation

Foley & Lardner LLP on

The U.S. District Court for the District of Delaware accepted Merck’s arguments that method of treatment patents asserted by BMS against its Keytruda product “touch[] upon a natural phenomenon” such that they should be...more

Fish & Richardson

The ITC Punts on Whether the Presumption of Validity Applies to § 101 Challenges

Fish & Richardson on

On April 4, 2016, the U.S. International Trade Commission issued a notice stating that it would not review an Initial Determination by Judge Dee Lord finding the asserted claims of U.S. Patent Nos. 8,398,546 and 8,446,275...more

Fenwick & West LLP

Well, that didn’t last long…

Fenwick & West LLP on

Last week, I reported on a September 4 decision from the District of Massachusetts in which the court emphasized that the presumption of validity applies to subject matter eligibility. This week, another judge in the same...more

McDonnell Boehnen Hulbert & Berghoff LLP

Galderma Laboratories, L.P. v. Tolmar, Inc. (Fed. Cir. 2013)

McDonnell Boehnen Hulbert & Berghoff LLP on

When does a prior art disclosure of a concentration range of a medicament render obvious the use of a species that falls within that range, when that same use was also known in the prior art? After all, common sense should...more

4 Results
 / 
View per page
Page: of 1

"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:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide