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ARTICLE · 20 OCTOBER 2021

The Headaches In Claiming Antibody-based Inventions Broadly

Marshall, Gerstein & Borun LLP
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Recent Federal Circuit decisions call into question the value of patents broadly claiming inventions on antibodies and their function in treating debilitating diseases.

United StatesIntellectual Property
Sandip H. Patel
Sandip H. Patel
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Recent Federal Circuit decisions call into question the value of patents broadly claiming inventions on antibodies and their function in treating debilitating diseases. The decisions in these cases originated in district courts and arguably swept aside the merits of scientific breakthroughs because the inventions claimed were not enabled or were otherwise insufficiently described to justify their broad breadth.* In  Teva Pharmaceuticals Int'l GmbH v. Eli Lilly and Company, Appeals 2020-1747, -1748, and -1750 (Fed. Cir. Aug. 16, 2021), the Federal Circuit again dealt with patents broadly claiming antibodies.But here the court confronted Patent Trial and Appeal Board decisions that canceled patent claims as obvious. Specifically, in Teva, the court affirmed Board decisions canceling claims to antibodies that target a central nervous system neurotransmitter, known as "CGRP" and known to cause migraine headaches.

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