Federal Circuit Reiterates That Nucleotide Sequences Are Not Patent Eligible under 35 U.S.C. § 101

December 27, 2018

An article by Matthew Barnet on "Federal Circuit Reiterates That Nucleotide Sequences Are Not Patent Eligible under 35 U.S.C. § 101" is published in the IP Litigator journal. Click to read article.... Read more

Federal Circuit Reiterates That Naturally-Occurring Nucleotide Sequences Are Not Patent Eligible Under 35 U.S.C. § 101

October 12, 2018

On October 9, 2018, in Roche Molecular Systems, Inc. v. Cepheid, the Federal Circuit upheld a district court decision that claims reciting nucleotide primers in U.S. Patent No. 5,643,723 (“the ‘723 patent”) were invalid under 35 U.S.C. § 101.<... Read more

PTAB Removes "Informative" Designation From Ex Parte Jung

August 13, 2018

In July, the U.S. Patent & Trademark Office's Patent Trial and Appeal Board designated its ex parte Jung decision as informative (see here and here). In this decision, the Board held that the phrase "at least one of A and B" was presumed to be conjunctive. That is, the phrase was presumed to mean "at least one of A and at least one of B."... Read more

Federal Circuit Distinguishes Between Enablement and Reasonable Expectation of Success

June 11, 2018

In the recent UCB v. Accord opinion, a panel of the Federal Circuit drew a distinction between (i) the enablement of a patentee's claims, and (ii) a reasonable expectation of success in an obviousness analysis. The majority found that the presumption of enablement for a claimed genus of compounds did not preclude a finding that there was not a reasonable expectation of success in creating a species falling within that genus.... Read more