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ARTICLE · 04 APRIL 2017

Practice Tips for Patentees Asserting Method-of-Treatment Claims Involving Divided

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Do physicians ‘‘condition participation'' of drug therapy based on patients' compliance with drug manufacturer instructions regarding how to take drugs? Do physicians withhold medically necessary drug therapy from patients when patients fail or refuse to take a drug in accordance with the instructions in the label?

United StatesIntellectual Property
Kevin Prussia
Kevin Prussia
Jamie Wisz
Jamie Wisz
Steven Horn
Steven Horn
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Do physicians ''condition participation'' of drug therapy based on patients' compliance with drug manufacturer instructions regarding how to take drugs? Do physicians withhold medically necessary drug therapy from patients when patients fail or refuse to take a drug in accordance with the instructions in the label?

You might think these are syllabus topics for an advanced course in medical ethics. But under recent decisions of the U.S. Court of Appeals for the Federal Circuit, these are the questions that federal district courts have been asked to grapple with in method-oftreatment patent cases involving claims of ''divided infringement.

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Originally published by BNA's Patent, Trademark & Copyright Journal, 3/31/17.

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