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Patents, Software Patents, Patent Applications & Patent Law

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** Is the pro-patent community going to continue to lose every battle? (https://ipwatchdog.us10.list-manage.com/track/click?u=6ee129932f5c7fc87034903d8&id=d5e020bf49&e=973d987f62)
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By Gene Quinn on May 16, 2018 12:33 pm
It is understandable that inventors, investors and others supportive of strong patent rights would be skeptical, and I've heard and read much skepticism. If not now, when? It would be easy to be skeptical, but the patent community should take this opportunity to engage. Despite continued disappointment from the Supreme Court, there is a very real possibility that pro-patent reforms could be achieved within the next 2-3 years. While 2-3 years may seem a long time away, if you are not trying to affect change today you will be too late by the time momentum begins to publicly surface. That’s how DC operates. So, is the pro-patent community going to continue to lose every battle?

The post Is the pro-patent community going to continue to lose every battle? (https://ipwatchdog.us10.list-manage.com/track/click?u=6ee129932f5c7fc87034903d8&id=06694233d1&e=973d987f62) appeared first on IPWatchdog.com | Patents & Patent Law (https://ipwatchdog.us10.list-manage.com/track/click?u=6ee129932f5c7fc87034903d8&id=89cf1a8d41&e=973d987f62) .
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** Vanda v. West-Ward: This Time, Dosage Adjustment Claims are Patent Eligible Subject Matter (https://ipwatchdog.us10.list-manage.com/track/click?u=6ee129932f5c7fc87034903d8&id=def3a6830c&e=973d987f62)
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By Stephanie Sivinski on May 16, 2018 09:15 am
The Federal Circuit’s decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, No. 2016-2707, addresses the complicated topic of patent eligibility in the pharmaceutical space. Much of the decision compares Vanda’s claims to those found ineligible for patent protection in the U.S. Supreme Court’s decision in Mayo Collaborative Services v. Prometheus Laboratories, 132 S. Ct. 1289 (2012). While the ultimate patentability conclusions are opposite, the claims in Vanda and Mayo are very similar, highlighting the thin—and often unpredictable—line that divides eligible and ineligible subject matter. Generic drug manufacturers must account for this unpredictability in gauging their litigation risks.

The post Vanda v. West-Ward: This Time, Dosage Adjustment Claims are Patent Eligible Subject Matter (https://ipwatchdog.us10.list-manage.com/track/click?u=6ee129932f5c7fc87034903d8&id=8cc422041c&e=973d987f62) appeared first on IPWatchdog.com | Patents & Patent Law (https://ipwatchdog.us10.list-manage.com/track/click?u=6ee129932f5c7fc87034903d8&id=95d3afedde&e=973d987f62) .
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** Hatch-Waxman Litigation: 60 Percent Increase in ANDA Lawsuits from 2016 to 2017 (https://ipwatchdog.us10.list-manage.com/track/click?u=6ee129932f5c7fc87034903d8&id=369a3df773&e=973d987f62)
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By Steve Brachmann on May 16, 2018 07:15 am
In 2017, U.S. district courts saw a total of 417 patent infringement suits related to ANDA filings made by drugmakers with the U.S. Food and Drug Administration (FDA) seeking to bring generic versions of brand-name pharmaceuticals to the U.S. market. This total number of ANDA cases was below recent highs set in 2014 (437 cases) and 2015 (475 cases) but it was also a significant increase over the 324 ANDA cases filed in 2016. Going back to 2009, 2017 saw the third-highest number of ANDA cases in a single year. The fact that ANDA litigation is rising is pretty consistent with the number of ANDA applications being received by the FDA. In 2017, the FDA approved a record number of ANDAs with 763 such approvals that year; the agency attributed this uptick to an increased number of agency hires.

The post Hatch-Waxman Litigation: 60 Percent Increase in ANDA Lawsuits from 2016 to 2017 (https://ipwatchdog.us10.list-manage.com/track/click?u=6ee129932f5c7fc87034903d8&id=b9177d72a6&e=973d987f62) appeared first on IPWatchdog.com | Patents & Patent Law (https://ipwatchdog.us10.list-manage.com/track/click?u=6ee129932f5c7fc87034903d8&id=5d696a9f2b&e=973d987f62) .
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** Written Description Support for Claimed Range Requires More than Broad Disclosure (https://ipwatchdog.us10.list-manage.com/track/click?u=6ee129932f5c7fc87034903d8&id=455304c426&e=973d987f62)
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By Joseph Robinson on May 16, 2018 05:15 am
Appellant General Hospital Corp. (“GHC”) appealed the Board’s dismissal of an interference because the claims of its involved patent application lacked sufficient written description. The disclosure of a wide range with exemplary values does not provide written description support for a narrower claimed range, absent something to indicate the claimed range was considered critical or that inventor was in possession of the specific claimed embodiments. The Board cannot reject a motion to add a new claim to a patent application involved in an interference without explaining its findings.

The post Written Description Support for Claimed Range Requires More than Broad Disclosure (https://ipwatchdog.us10.list-manage.com/track/click?u=6ee129932f5c7fc87034903d8&id=fa1439bf6b&e=973d987f62) appeared first on IPWatchdog.com | Patents & Patent Law (https://ipwatchdog.us10.list-manage.com/track/click?u=6ee129932f5c7fc87034903d8&id=fca9ab60d5&e=973d987f62) .
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