The Federal Circuit's Ball Metal Decision Raises Important Considerations for Pharma and Biologics Patents | King & Spalding
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The U.S. Court of Appeals for the Federal Circuit’s New Year’s eve opinion in Ball Metal v. Crown Packaging, though nonprecedential, raises important considerations for pharmaceutical and biologics patents – where patent challengers regularly allege the indefiniteness of “measurement” claim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...
Source: jdsupra.com