Tag Archives: Federal Circuit

Aventis v. Hospira – How to Meet the Therasense Standards

On April 9, 2012, The Fed. Cir. affirmed a holding by the district court that rendered two (then) Sanofi add-on patents on infusion vehicles for docetaxel unenforceable due to inequitable conduct. The inventors, particularly inventor/project manager Fabre, were found to have … Continue reading

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Mayo v. Prometheus – A European View

A Guest Post from Paul Cole, European Patent Attorney, Lucas & Co; Professor of IP law, Bournemouth University. Is a claim to an assay patent-eligible when all its features are known save for how it should be interpreted? The interpretation … Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , , , , , , , | 3 Comments

Supreme Court Remands In Myriad Appeal

Today, as predicted by many commentators, the Supreme Court set aside the ruling by the Fed. Cir. that claims to isolated DNA sequences that are the BRCA 1 or 2 gene, or fragments thereof, are patentable subject matter. The Supreme … Continue reading

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Supreme Court Reverses In Prometheus v. Mayo!

In a decision dated March 20, 2012, Justice Breyer writing for a unanimous court, held that claims to administering a drug, followed by measuring the levels of metabolites of the drug, in order to optimize the amount administered, are not patent … Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , , , , , , | 8 Comments