Category Archives: Patenting Methods/Processes

Novartis Wins Landmark Biosimilar Approval

Novartis Navigates The FDA-ACA Maze – Gets Approval For Generic Neuprogen. Amgen will soon find itself in a price war with Sandoz – a Novartis company – as it tries to maintain its share of the market for Neuprogen (filgraslim). … Continue reading

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Indefiniteness After Nautilus – A Very “Delicate Balance”

In Interval Lighting v. AOL, Inc., Appeal no. 2013-1282, -1283, -1284, -1285 (Fed. Cir. Sept. 10, 2014), the appealed indefiniteness finding by the district court was affirmed by the Fed. Cir. panel. This was not surprising, since the disputed term … Continue reading

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Claims to “New Uses of Old Compounds” – The Noose Tightens

In Perricone v. Medicis, 432 F.3d 1368 (Fed. Cir. 2005), the court reversed the Board, and found that a claim to treating sunburn with certain vitamin esters was patentable in view of art disclosing the same compounds to benefit normal … Continue reading

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ANOTHER “HAIL MARY” CLAIM BITES THE DUST

In my post of April 22, 2009, I spent quite a lot of time discussing why “mechanism of action” claims may issue but, like the “Hail Mary” pass in football, remain vulnerable to invalidation as inherently anticipated by the prior … Continue reading

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