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Federal Circuit

The Federal Circuit’s Hands are Tied as Diagnostic Methods take Another Step Away from Eligibility – And the Court Isn’t Happy About It

Applicants and patentees have been struggling to certain patent diagnostic methods following Supreme Court precedent in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S....

MWZB Scores Big at the Federal Circuit

Mike Culver, with the help of Richard Traverso and Csaba Henter on the briefs, successfully persuaded the Federal Circuit to unanimously affirm the PTAB’s (the...

Federal Circuit’s denial of rehearing Bristol-Myers Squibb v. Teva regarding Entecavir exposes potential issues regarding the utility of later found unexpected results for overcoming obviousness

In the earlier panel opinion, Entecavir was found obvious under the lead compound analysis over a structurally close compound 2’-CDG, which compound at the time...

Federal Circuit Court Issues Decision Changing Standard for Duty of Disclosure and Requirements for a Finding of Inequitable Conduct; USPTO Proposes Rule Change to Implement Decision

Articulating a new “but for” materiality standard in Therasense, Inc. v. Becton, Dickinson & Co., the Federal Circuit has said that its decision should reduce...

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