Tag Archives: biotechnology law

Yes, Judge Michel, There have been some WDR Appeals!

During oral argument before the Fed. Cir. in Ariad v. Lilly, as reported by Patently-O, the government attorney was pressed for specific evidence that a separate WDR “is necessary for USPTO to perform its examination function”, e.g., that it serves a practical … Continue reading

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Sustained release fluvastatin formulations – The UK Court of Appeal opinion in Activis UK Limited v Novartis AG [2010] EWCA Civ 82

Post from Paul Cole Sometimes a decision as to obviousness hinges on a single short point. In Graham v John Deere, the tipping point testimony was during cross-examination of the witness for the patentee, when he said that the allegedly … Continue reading

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END OF AN ERA – “SWISS-FORM” CLAIMS ARE OUT

The Enlarged Board of Appeal of the EPO issued a decision on February 19th (G02/08), that Swiss-form claims will no longer be permitted as a way to claim a “second medical use” of a bioactive agent – “The use of … 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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