In Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc., the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) held patent claims invalid for lack of written description where a negative limitation was...more
Specification and Prosecution History Narrow the Plain Meaning of “0.001%.”
The claim at issue included a concentration of 0.001% of PVP. The term’s plain meaning is 0.001% within one significant figure (i.e., 0.0005% to...more
In Immunex Corp. v. Sandoz, Inc. No. 20-1037 (July 1, 2020), the Federal Circuit Court of Appeals addressed whether references to publicly available databases or deposits could provide adequate written description support for...more
One of the most interesting and promising areas of medical research today involves the use of T-Cell therapies, which offer hope and promise as a new approach to cancer treatment. It has also made for a robust climate for...more
7/21/2020
/ Biotechnology ,
Damages ,
Intellectual Property Litigation ,
Jury Verdicts ,
Medical Research ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Written Descriptions
One of the most difficult aspects of patenting antibodies and other biologics is obtaining sufficiently broad patent protection. In order to claim a genus of antibodies, rather than specific sequences, the applicant must...more
Since 1999, the United States Patent and Trademark Office (“Patent Office”) has permitted the claiming of antibodies by disclosing the targeted antigen. In 2002, the Federal Circuit adopted Patent Office guidelines and...more
3/26/2018
/ Amgen ,
Life Sciences ,
MPEP ,
New Guidance ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Sanofi ,
USPTO ,
Written Descriptions