ARE Patent Law Alert:“Diagnose and Treat†Claims Held Patentable By Federal Circuit – A Path Forward For Patentability
On April 13, 2018, a three-judge panel of the United States Court of Appeals for the Federal Circuit (CAFC), held in a 2-1 split decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, No. 2016-2707 & 2016-2708 that claims directed to a specified method of treatment based on a previously-performed, specified diagnosis are patentable. By way […]