Life Sciences Hot Issues from 2022 and Upcoming 2023 Ones

Introduction Life sciences patent and FDA law had its fair share of events in 2022. We highlight several interesting areas in 2022 and then profile some upcoming issues in 2023. Some of the issues are related to drug policy, some about FDA’s operations, and some about patents. Supreme Court Updates The US Supreme Court was […]

Billion Dollar Verdicts Wiped Out Due to Patent Law’s Written Description

Imagine your billion dollar win wiped out later. You’d be mad. You’d wonder how that happened. You’d ask if you did anything wrong to deserve that wipe out. You’d ask if you could have done something different. Patent law’s “written description” invalidity has wiped out wins by ruling the patent was indeed invalid. Naturally each […]

Understanding Means-Plus-Function Claims in Patent Law

We previously wrote about product-by-process claims in patent law describing them as an atypical patent claim. See our article here: Another atypical claim is a so-called “means plus function” claim. The M+F claim has a statutory root under 35 U.S.C. Sec. 112(f) (previously under 35 U.S.C. Sec. 112, sixth paragraph). The statute states that:  […]

Standards of Review in Patent Appeals to the Federal Circuit Court of Appeals 

Introduction By statute, the Court of Appeals for the Federal Circuit has appellate jurisdiction over appeals from the administrative boards of the Patent & Trademark Office (appeals from the Patent Board and the Trademark Board) and the various district courts. The Federal Circuit also has appellate jurisdiction over other subjects such as the Court of […]

The Role of Prior Art in Patent Law – Old and Admitted Prior Art

Despite the promulgation of the American Invents Act (AIA) in 2012, the concept of prior art has basically stayed the same. Section 102 embodies two different concepts. First, the concept of novelty embodies that there are things other people do to destroy the novelty of the patent applicant’s claimed invention. These include publishing the subject […]