Category Archives: Anticipation

BASF Corp. v SNF Holding Co: Section 102 Dissected

In BASF Corp. v. SNF Holding Co, Appeal No. 2019-1243 (Fed. Cir., April 8 2020), a Fed. Cir. panel of Judges Lourie, Moore and Chen – Lourie writing—reviewed the district court’s holding that a BASF patent (U.S. Pat. No. 5,663,329) … Continue reading

Posted in Anticipation, s.102 | Tagged | Leave a comment

Method of Treatment Efficacy Benchmarks Avoid Inherency Attack

In Galderma Labs. v. Teva Pharm. USA, Inc., Appeal Nos. 2019-2396 and 2020-1213 (Fed. Cir,. January 29, 2020), a Fed. Cir. panel of Judges Moore, O’Malley and Stoll reversed a district court finding that three Galderma patents (US Pat. Nos. … Continue reading

Posted in Anticipation, Inherency | Tagged , | Leave a comment

In re Montgomery – “Unbounded” Inherency

In re Montgomery, App no. 2011-1376 (Fed. Cir. May 8, 2012) (a copy is available at the end of this post), a divided panel affirmed the Board’s decision that a claim to a “new use for an old compound” was … Continue reading

Posted in Anticipation | Tagged , , , , , , , , , , | Leave a comment