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Estoppel Issues for Genentech at the US Federal Circuit

Estoppel Issues for Genentech at the US Federal Circuit

by Alex Bajjon | Apr 1, 2020 | Briefings, US & International

Genentech owns US Patents 7,846,441 and 7,892,549 which both relate to treating cancers characterised by overexpression of the ErbB2 receptor (which includes breast cancers). The claims of these two patents relate to treating a human patient with a combination of an...
CAFC decision in Illumina, Inc. v. Ariosa Diagnostics, Inc., offers a glimmer of hope in diagnostic arena

CAFC decision in Illumina, Inc. v. Ariosa Diagnostics, Inc., offers a glimmer of hope in diagnostic arena

by Carolyn Haywood | Mar 1, 2020 | Briefings, US & International

Earlier this month, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued its judgement in Illumina, Inc. v. Ariosa Diagnostics, Inc. and if the judgement stands, it may offer diagnostic companies a new way of navigating 35 U.S.C. § 101 – by way of...
Novelty of Second Non-Medical Use Claims at the EPO

Novelty of Second Non-Medical Use Claims at the EPO

by Alex Bajjon | Mar 1, 2020 | Briefings, EPO

In this case, the Technical Board of Appeal has confirmed that claims directed to new uses of known non-medical products may be patentable and have clarified the approach that should be taken when assessing the novelty of such claims. Claim 1 of EP 1 865 998 is for...
EPO Technical Board of Appeal upholds Opposition Division Decision regarding settled law on the Right to Claim Priority

EPO Technical Board of Appeal upholds Opposition Division Decision regarding settled law on the Right to Claim Priority

by Carolyn Haywood | Jan 1, 2020 | Briefings, EPO

On 16 January 2020, the TBA upheld long-standing EPO law and practice regarding the right to claim priority. Schlich represented Opponent 1 in the opposition and appeal proceedings and is pleased to present our report here. In addition we analyse how interpretation of...
Broad Institute patent EP2898075 upheld with a reduced scope

Broad Institute patent EP2898075 upheld with a reduced scope

by Carolyn Haywood | Jul 1, 2019 | Briefings, EPO

The Broad Institute (Broad) manages a patent portfolio on behalf of several collaborating institutions, including Broad, Massachusetts Institute of Technology (MIT), and President and Fellows of Harvard College (Harvard) which contains several European patents for...
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