Tag Archives: intellectual property

Federal Circuit Throws a Wrench into “Mechanism of Action” Claims

A three-judge panel of the Court of Appeals for the Federal Circuit recently decided Ariad Pharmaceuticals, Inc. et al. v. Eli Lilly & Company, appeal no. 2008-1248 (Fed. Cir. April 3, 2009), involving Blatimore et al. (U.S. Pat. No. 6,410,516). … Continue reading

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Federal Circuit upholds Board In re Kubin – Resurrects O’Farrell Test of “Obvious to Try”

On April 3, 2009, a three judge panel of the Court of Appeals for the Federal Circuit unanimously affirmed the decision that the Board of Patent Appeals had reached in Ex Parte Kubin. The Board’s decision is discussed in the … Continue reading

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