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Patent claiming a method of treatment was not enabled where it failed to establish utility

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • October 31 2009

In In re ’318 Patent Infringement Litigation, Nos. 08-1594, 09-1070, -1088 (Fed. Cir. Sept. 25, 2009), the Federal Circuit affirmed the district court’s judgment against Janssen Pharmaceutica N.V., Janssen L.P., and Synaptech, Inc. (collectively “Janssen”), holding that the claims of U.S. Patent No. 4,663,318 (“the ’318 patent”) were invalid for lack of enablement