Claim Drafting News Today

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The United States Supreme Court issued its decision in Amgen, Inc. v. Sanofi et al. The Court held, as many feared they would, that the 26 antibody examples and detailed instructions for generating additional antibodies within the genus—which covered some 400 pages and included a CD Rom of the x-ray crystallography coordinates of Amgen’s “anchor” (or lead) antibodies 21B12 (Repatha) and…

In SolarEdge Techs., Inc. v. Fronius Int'l GMBH, No. IPR2022-00849 (P.T.A.B. Oct. 21, 2022), the Patent Trial and Appeal Board ("PTAB") denied institution of inter partes review challenging U.S.

In Niazi Licensing Corp. v. St. Jude Med. S.C., Inc., No. 21-1864 (Fed. Cir. Apr. 11, 2022), the Court of Appeals for the Federal Circuit ("Federal Circuit") reversed the district court's holding that the claim terms...

Wednesday, January 20, 2021 As a non-precedential decision on claim construction,  Horizon Pharma, Inc. v. Dr. Reddy’s Laboratories Inc., may not be relevant to any other case, but it caught my attention as an example of the perils of claim drafting. Claim language mirroring language in the specification that the examiner considered without difficulty during prosecution was held indefinite as being “nonsensical.” The Claim Language At Issue The claim language at issue is found ...

Christmastime is here again, and IPWatchdog is back with the 2020 edition of our Christmas list for patent attorneys. If you have a patent attorney in your life and you have no clue what to get them, the following options should provide you with a few good ideas for gifts—from smaller stocking stuffers to very practical gifts that will show your patent attorney that you’re serious about helping them succeed in their professional life. Merry Christmas! Patent Art Shadowbox For the do-it-your...