ARE Patent Law Alert:
Federal Circuit Finds Method of Treatment Claims Patent-Eligible, Not Directed to Natural Law

On March 28, 2019, the Federal Circuit issued a unanimous 3-0 decision finding claims covering a method of treatment—namely, treating pain in renally impaired patients using the opioid oxymorphone—to be patent-eligible under 35 U.S.C. § 101.  This decision in Endo Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc., No. 17-1240 overturned the district court’s holding that […]

ARE PTAB Alert:PTAB Adopts Phillip’s Style Claim Construction Standard for IPRs, PGRs and CBMs Filed on or after November, 13, 2018

(October 11, 2018) On October 10, 2018, the U.S. Patent and Trademark Office (USPTO) issued its much anticipated final rule with respect to claim construction in post-issuance proceedings. Specifically, the USPTO issued a new claim construction standard with respect to America Invents Act trials and proceedings, including inter partes review (IPR), post-grant review (PGR), and […]