Second ANDA filer has jurisdiction in declaratory judgment action *

USA - May 30 2012
The U.S. Court of Appeals for the Federal Circuit upheld a finding of subject-matter jurisdiction in a declaratory judgment action brought by a generic, even though the brand drug manufacturer had provided the generic with a covenant not to sue on one of the brand’s Orange Book patents.

Patent claims must recite “significantly more” than a law of nature *

USA - March 30 2012
Speaking through Justice Breyer, a unanimous Supreme Court of the United States (reversing the U.S. Court of Appeals for the Federal Circuit) held that claims directed to a blood-testing method are invalid because they do not define patent-eligible subject matter.

Co-authors: Paul Devinsky, Robert H. Underwood.

Supreme Court rules in Prometheus: patent claims must recite “significantly more” than a law of nature *

USA - March 22 2012
In a move that could have a significant impact on the fields of personalized medicine and medical diagnostics, the Supreme Court of the United States recently held claims to a blood test were invalid because they did not define patent-eligible subject matter.

Co-authors: Robert H. Underwood, William Gaede.

Claim term “a” does not necessarily include singular or plural *

USA - October 31 2011
In reviewing an interference decision of the Board of Patent Appeals and Interferences (Board), the U.S. Court of Appeals for the Federal Circuit held that the claim term “a” does not necessarily mean “one or more than one.”

Co-authors: Robert H. Underwood.