Tag Archives: SILVIA SALVADORI

On January 6, 2022, the United States Patent and Trademark Office (USPTO) announced a new pilot program: The Deferred Subject Matter Eligibility Response (DSMER). This pilot program is designed to evaluate how deferred applicant responses to subject matter eligibility (SME) rejections affect examination efficiency and patent quality as compared to traditional compact prosecution practice.

In a recent case, Eli Lilly and Co. v. Teva Pharmaceuticals International GmbH, the Federal Circuit upheld the validity of Teva’s patents directed to specific methods of treatment using an “effective amount” of certain antibodies. The court agreed with the Patent Trial and Appeal Board (PTAB) that the claim preambles were limiting, and that obviousness […]

In a recent case, Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc., the Federal Circuit expanded the meaning of the enablement requirement under 35 U.S.C. § 112(a). Let’s take a look at how the court arrived at this decision.  The claims at issue were directed to methods for sequencing nucleic acid (DNA) using […]

In a recent case, Horizon Pharma, Inc. v. Dr. Reddy’s Laboratories Inc., the Federal Circuit reviewed the claim construction de novo, and agreed with the District Court holding of indefiniteness.