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Federal Circuit: Inherency in an Obviousness Analysis

USA - January 15 2020 The US Court of Appeals for the Federal Circuit held that data obtained after an asserted patent’s priority date may be used to demonstrate what is...

Christopher J. Betti, Maria E. Doukas, Michael J. Abernathy.

Federal Circuit: Open Transitional Phrases and Markush Groups in Pharmaceutical Claims

USA - January 13 2020 In one of its first precedential opinions of the New Year, the US Court of Appeals for the Federal Circuit held that a claim using "comprising" as a...

Christopher J. Betti, Maria E. Doukas, Michael J. Abernathy.

Federal Circuit: Finding the Safe Harbor in Drug Development’s Choppy Waters

USA - December 24 2019 The US Court of Appeals for the Federal Circuit recently upheld the district court’s denial of a judgment as a matter of law (JMOL) or, alternatively...

Christopher J. Betti, Maria E. Doukas, Michael J. Abernathy.

Federal Circuit: ‘Consisting Essentially of’ Risks Indefiniteness and No Intent from ANDA Label’s Permissive Use

USA - October 14 2019 A split Federal Circuit panel recently upheld the district court’s judgment of invalidity and noninfringement because the phrase “consisting...

Christopher J. Betti, Maria E. Doukas, Michael J. Abernathy.

Lawmakers Propose Changes to Framework of Sections 101 on Patent Eligibility and 112(f) on Functional Claiming

USA - May 30 2019 Members of the US Senate Judiciary Subcommittee on Intellectual Property and House Intellectual Property Subcommittee recently released a bipartisan...

William R. Peterson.