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Certified Licensing Professionals, Inc., 2021 Disclaimer
This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.
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Tag Archives: Hatch-Waxman
Hikma and West-Ward v. Vanda – Are Methods of Medical Treatment Patent-Eligible?
Hikma Pharms. and West-Ward Pharms petition for cert. to reverse the Fed. Cir.’s decision in Vanda v. West-Ward that methods of medical treatment are patentable. The Supreme Court’s now-infamous Mayo decision, invalidated claims to a method for determining the optimal … Continue reading
Posted in 2017 Patent Review
Tagged Hatch-Waxman, Hikma Pharmaceuticals, Mayo, Supreme Court, USPTO, West Ward-Pharmaceuticals
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UCB, Inc. v. Accord Healthcare, Inc. – Can a Racemic Mixture be a “Lead Compound.”
UCB v. Accord, Appeal no. 2016-2610 et al. (Fed. Cir., May 23, 2018) may be headed to the Supreme Court, which prompted me to take another look at this opinion. This was a decision in Hatch-Waxman litigation, in which a … Continue reading
Posted in Obviousness
Tagged Federal Circuit, Hatch-Waxman, Judge Bryson, Judge Prost, Judge Stoll, Opinion, s. 103, Supreme Court, UCB v. Accord, Warren Woessner
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Federal Circuit Circumvents Mayo/Alice Rule in Vanda v. West-Ward
After Cleveland Clinic, IP practitioners were left to speculate about the fate of claims directed to methods of medical treatment. These claims seemed next in line for extinction by the Mayo/Alice rule, which I will paraphrase: “If a patent claim … Continue reading
Aptalis Fails to “Surround’ Apotex’s Generic ER Tablet
Although non-precedential, Aptalis Pharmatech, Inc. v. Apotex, Inc., Appeal No. 2017-1344 (Fed. Cir., January 4, 2018) provides a useful outline of Phillips-type claim construction and requires a close reading to see why the infringement finding by the district court was … Continue reading
Posted in Claim Interpretation
Tagged apotex, Aptalis Pharmatech, Hatch-Waxman, Pharmaceutical law
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