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ARTICLE · 23 APRIL 2018

Personalized Medicine Gets A Boost From Federal Circuit's Vanda Pharma Decision

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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The Federal Circuit provided a welcome boost for stakeholders in the field of personalized medicine with its recent decision in Vanda Pharm. Inc. v West-Ward Pharm. Intl. Ltd. (2016-2702, 2016-2708 April 13, 2018).

United StatesIntellectual Property
Muriel Liberto
Muriel Liberto
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The Federal Circuit provided a welcome boost for stakeholders in the field of personalized medicine with its recent decision in Vanda Pharm. Inc. v West-Ward Pharm. Intl. Ltd. (2016-2702, 2016-2708 April 13, 2018). Vanda Pharma's asserted claims relate to a method of treating schizophrenia patients with iloperidone in which the dose is adjusted based upon the patient's CYP2D6 genotype. The Federal Circuit agreed with the court below that these claims were both directed to patent eligible subject matter and infringed.

This decision is a breath of fresh air for patent applicants and patentees alike. The decision is particularly good news for those struggling with eligibility issues for claims involving diagnostic tests which inform treatment decisions and for those concerned with their enforcement once granted. This kind of subject matter underpins much of the personalized medicine space and has been widely viewed as in jeopardy following recent changes in subject

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