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Amgen Petitions for En Banc Rehearing for Federal Circuit to Reconsider Enablement of Genus Claims

USA - April 30 2021 As we reported last month, the Federal Circuit panel in Amgen v. Sanofi affirmed the district court’s judgment as a matter of law invalidating genus…

Tina W. McKeon.

The Federal Circuit Continues to Invalidate Genus Claims Defined by Function

USA - March 18 2021 In our earlier post, we questioned whether the Federal Circuit would continue to invalidate genus claims directed to biologics, and the answer is yes…

Tina W. McKeon.

Will the Federal Circuit Continue to Invalidate Genus Claims?

USA - January 28 2021 In a law review article entitled “The Death of the Genus Claim,”1 which published in the aftermath of the Federal Circuit decision in Idenix v. Gilead…

Tina W. McKeon.

Federal Circuit Finds Method of Preparation Claims Patent Eligible

USA - April 3 2020 On March 17, 2020, a divided Federal Circuit panel (“CAFC”) reversed a District Court decision and found that claims directed to a method of preparing…

Allison W. Dobson Ph.D..

IPR/PGR Update: Uptick in Motion to Amend Grant Rate One-Year Post-Aqua Products and new Pilot Program are Promising Signs for Patent Owners

USA - March 31 2019 In October of 2017, the Federal Circuit issued an en banc decision in Aqua Products Inc. v. Matal, holding that patent owners no longer bear the…

Justin L. Krieger.