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ARTICLE · 12 SEPTEMBER 2018

Federal Circuit Patent Updates - September 2018

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Taranto, J. Affirming district court judgment that claims directed to dosing of drug to treat multiple sclerosis were obvious.

United StatesIntellectual Property
Arthur Coviello
Arthur Coviello
Richard Goldenberg
Richard Goldenberg
William McElwain
William McElwain
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Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc. (No. 2017-2078, -2134, 9/10/18) (Newman, Dyk, Taranto)

Taranto, J. Affirming district court judgment that claims directed to dosing of drug to treat multiple sclerosis were obvious. The prior art did not teach away and would have led to a reasonable expectation that the claimed dosing method would be efficacious. Pharmacokinetic limitations of the claims were inherent in the claimed method. The district court did not clearly err in discounting evidence of commercial success in light of a blocking patent. Newman, J., dissented.

A full version of the text is available in PDF form.

University of California v. Broad Institute, Inc. (No. 2017-1907, 9/10/18) (Prost, Schall, Moore)

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