While this recent Fed. Cir. decision – Amgen Inc. v. Sanofi, Appeal No. 2020-1074 (Fed. Cir., Feb. 11, 2021) seems predictable, given the fate of antibody claims that recite the target and the function of antibody binding thereto, there are a few interesting wrinkles to comment on. A Fed. Cir.... Read More

The first panel decision below can be found at 952 F . 3d 1367 (Fed. Cir. 2020). I posted on this decision on June 1, 2020, days before the Fed. Cir. issued a modified panel decision in August, 967 F . 3d 1319 (Fed. Cir. 2020) that essentially affirmed the... Read More

In the recent decision, Vectura Ltd. v. GlaxoSmithKline LLC, Appeal. No. 2020-1054 (Fed. Cir., November 19, 2020), the panel dealt with an appeal by GlaxoSmithKline LLC (“GSK”) from a district court decision that found infringement of Vectura’s claims directed to “composite active particles” of the type used to deliver drugs... Read More

By now, other commentators have posted on this Fed. Cir. decision (Appeal no. 2019 -1133, Sept. 28, 2020)—and found it to be a routine reversal of a district court’s relying on “source limitations” to find claims to a recombinant IFN-B polypeptide not anticipated by prior art disclosing the native polypeptide.... Read More

Since all the other commentators are posting about this Notification, I thought I should say a few words as well. The USPTO will eliminate the filing fees for applicants who agree to publish their COVID-19-related provisional applications in a PTO-managed database. The applications must be directed to FDA-approvable therapies, devices... Read More