Tag Archives: Federal Circuit

Lather. Rinse. Repeat — In re Baxter International, Inc.

The following is a guest blog from Ron Schutz of Robins, Kaplan, Miller & Ciresi. It just got it easier for infringers to use reexamination as a way to wash a judicial patent validity determination right out of their hair. … Continue reading

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Prometheus Unbound – Are Methods Of Medical Treatment The Next “Targets”?

In my March post “Unnatural Acts – Patenting Diagnostic Tests Post-Prometheus” I wrote: “I have been trying to formulate diagnostic claims that would pass muster post-Prometheus and I am having trouble. If a researcher discovers the marker, the researcher should … Continue reading

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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

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Otsuka v. Sandoz – Motivation Trumps Structure

The recent decision of the Fed. Cir. in Otsuka v. Sandoz, App. No. 2011-1126, -1127 (Fed. Cir. May 7, 2012) continues the courts admirable work in defining obviousness post-KSR. This case revisits the standards involved in making out a prima-facie … Continue reading

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