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Vanda v. West-Ward: This Time, Dosage Adjustment Claims are Patent Eligible Subject Matter

“Generic drug manufacturers accused of infringement should fully appreciate the subjective nature of a § 101 defense when evaluating their litigation risk.” The Federal Circuit’s decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals ... read more

Federal Circuit Held Vanda’s Method of Treatment Claims Are “Application of Nature Law”—While Chief Judge Prost Dissented

On April 13, 2018, in a split decision, the Federal Circuit held that Vanda Pharmaceuticals Inc.’s method of treatment claims are directed to patent-eligible subject matter under step one of the Mayo two-step test 1. Vanda Pharm. Inc. v. West-Ward Pharm. read more

A Cautiously Optimistic Diagnosis For Patent Eligibility

In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd.,[5] the Federal Circuit affirmed a district court’s finding that claims to a personalized method of treatment are patent eligible ... ineligible subject matter in the first instance. read more

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Applicability of §101 Challenges in ANDA Pharmaceutical Litigation

By utilizing §101 motions less than 2 percent of the time, generics are not fully availing themselves of the Supreme Court’s decisions in 'Alice', 'Mayo', and 'Myriad'. read more

Federal Circuit Patent Updates - April 2018

Wallach, J. Affirming PTAB decision in inter partes reexamination that claims were unpatentable as anticipated or obvious. "Our precedent allows the USPTO to intervene to defend a PTAB decision when a petitioner withdraws on appeal, necessarily implying ... read more


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