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ARTICLE · 06 APRIL 2020

Patent Eligible Method Of Treatment/Prevention Claim

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治療方法クレームの101条特許適格性を認めた判例としてVanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Ltd., 887 F.3d 1117 (Fed. Cir. 2018)があります

United StatesIntellectual Property
Yuki Onoe
Yuki Onoe
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特許適格性を満たす治療/予防方法クレーム の例

治療方法クレームの101条特許適格性を認めた判例として Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Ltd., 887 F.3d 1117 (Fed. Cir. 2018)があります。この判例に沿ってCAFCは、本件 Boehringer Ingelheim Pharmaceuticals Inc. v. Mylan Pharmaceuticals Inc. et al., No. 19-1172において、治療方法クレームの特許適格性無しとの地裁判決(grant of judgment on the pleadings)を覆し、差し戻しました(nonprecedential, 3/16/2020)。

争点となった米国特許8,853,156のクレーム10は下記の通りです。

1. A method of treating and/or preventing metabolic diseases in a patient for whom metformin therapy is inappropriate due to at least one contraindication against metformin comprising orally administering to the patient a DPP-IV inhibitor wherein the contraindication is selected from the group consisting of: renal disease, renal impairment or renal dysfunction, unstable or acute congestive heart failure, acute or chronic metabolic acidosis, and hereditary galactose intolerance.

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