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Prometheus Patent Infringement

McDermott Will & Emery

Species Claims Invalidated by Genus Prior Art and a Lack of Secondary Indicia of Non-Obviousness (Prometheus Laboratories, Inc. v....

The U.S. Court of Appeals for the Federal Circuit upheld the U.S. District Court for the District of New Jersey’s finding of patent invalidity on the basis of obviousness, but did not reach the issue of invalidity due to...more

Locke Lord LLP

Federal Circuit Affirms Invalidity of Method Species Claims Over Prior Art Genus

Locke Lord LLP on

On November 10, 2015, the Federal Circuit issued its opinion in Prometheus Laboratories, Inc. v. Roxane Laboratories, Inc. et al., No. 14-1634, -1635, slip op. (Fed. Cir. Nov. 10, 2015) affirming the district court’s decision...more

BakerHostetler

Methods of treating a subset of patients are likely nonobvious if the subset exhibits unexpected results

BakerHostetler on

In Prometheus Laboratories, Inc. v. Roxane Laboratories, Inc., a recent decision involving methods of treating a specific subset of patients, the Court of Appeals for the Federal Circuit (“Federal Circuit”) ruled that,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Prometheus Labs., Inc. v. Roxane Labs., Inc. (Fed. Cir. 2015)

The Federal Circuit affirmed a judgment of invalidity based on obviousness in a decision rendered in Prometheus v Roxane. In doing so, the Court might also have given an indication of the types of claims for "personalized...more

Patterson Belknap Webb & Tyler LLP

Strong Support for Sequenom’s Petition for Rehearing En Banc

In Ariosa Diagnostics Inc. v. Sequenom Inc., 788 F.3d 1371 (Fed. Cir. 2015), a Federal Circuit panel held that Sequenom Inc.’s prenatal diagnosis patent claims patent ineligible subject matter under the two-step test of Mayo...more

McDonnell Boehnen Hulbert & Berghoff LLP

Court Report - August 2014 #4

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Aptalis Pharmatech Inc. et al. v. Apotex Inc. et al. 1:14-cv-01038; filed August 11, 2014 in the District Court of...more

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