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Last Week in the Federal Circuit (February 1-5): The Growing Universe of Printed Publications | Morrison & Foerster LLP - Federal Circuitry

Panel:  Judges Moore, Bryson, and Chen, with Judge Bryson writing the opinion You should read this case if:  you have a matter involving a challenge to whether a reference qualifies as a prior art printed publication Congress limited inter partes review invalidity challenges to anticipation and obviousness based only on “patents or printed publications.”  So determining what is a printed publication can be paramount.  While journal articles are usually an easy call, other content often falls in a grey zone.  Our case this week illustrates how documents posted online by an industry standards working group can qualify as printed publications. 

The Peril Of Claim Drafting in Pharma

Wednesday, January 20, 2021 As a non-precedential decision on claim construction,  Horizon Pharma, Inc. v. Dr.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 in claim 1 of U.S. Patent No. 9,220,698, which is partially reproduced below with emphasis added: 1. A method for treating osteoarthritis, rheumatoid arthritis, or ankylosing spondylitis comprising orally administering to a patient in need thereof an AM unit dose form and … a PM unit dose form, wherein:

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