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Palmiter v. Commonwealth Health Sys., Inc., No. 398 MDA 2020, 2021 Pa. Super. 155 (Pa. Super Ct. Aug.5, 2021), is a case of first impression and the Pennsylvania Superior Court's decision now paves the way for...
To embed, copy and paste the code into your website or blog: The U.S. Court of Appeals for the Federal Circuit’s New Year’s eve opinion in Ball Metal v. Crown Packaging, though nonprecedential, raises important considerations for pharmaceutical and biologics patents – where patent challengers regularly allege the indefiniteness of “measurement” claim terms that describe pharmacologic or physicochemical properties of the invention. Under Ball Metal, even if a “measurement” term is found to allow for multiple different measurement methods that can produce different results, inde...