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In Life Technologies, the Supreme Court held that “a single component does not constitute a substantial portion of the components that can give rise to liability under §271(f)(1).” .1 The disputed patent2 claims a toolkit for genetic testing, which includes five components. Life Technologies sublicensed the patent from Promega and manufactured all but one component, the enzyme Taq polymerase, in… Read more »
For many patent practitioners, using expert declarations under 37 C.F.R. § 1.132 to rebut an obviousness rejection under 35 U.S.C. § 103, has become almost the norm, rather than a unique occurrence. Having an inventor or other technical expert opine on some aspect of the claims, prior art, or unexpected result or property of the… Read more »
The Federal Circuit reversed a district court’s finding that Watson infringed Shire’s patent directed to a controlled-release oral pharmaceutical composition containing mesalamine, used to treat inflammatory bowel diseases.1 Shire’s claims recited that the pharmaceutical composition contained an inner lipophilic matrix and an outer hydrophilic matrix. The opinion focused on the claim’s recitation regarding the outer… Read more »
In two recent companion cases, the Federal Circuit upheld the Board’s decision that claims related to administering a natural stereoisomer to treat symptoms of folate deficiency would have been obvious. During the inter partes review, the Board considered two prior art references: a European patent application that discloses treating elevated levels of homocysteine, often associated with folate… Read more »
The patent eligibility of diagnostic testing methods remains uncertain after the Federal Circuit refused to rehear Ariosa v. Sequenom.1 In Ariosa, the Federal Circuit panel found that Sequenom’s patent on fetal DNA testing was patent ineligible, despite noting the high commercial value of the technology. The panel concluded that the claims failed Mayo’s2 two step analysis for patent eligibility. The… Read more »
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