Category Archives: Product-by-Process

Grant of JMOL reversed as “an old method of administration of an old product made by a new process is not novel and cannot be patented”

Posted on October 2, 2020 by Patrick J. Halloran, Ph.D., J.D.

Biogen MA Inc. v. EMD Serono, Inc. et al. (Pfizer Inc., Bayer, Novartis) Docket No. 2019-1133 NEWMAN, LINN, HUGHES September 28, 2020 Brief Summary:  DC instructed to reinstate jury verdict of invalidity for anticipation of Biogen’s IFN-b method of treatment … Continue reading →

Posted in Anticipation (35 USC 102), Product-by-Process, Uncategorized | Leave a comment

In re: Nordt Development Co., LLC

Posted on April 3, 2018 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2017-1445 MOORE, TARANTO, STOLL February 8, 2018 Brief summary: PTAB decision based on construction of “injection molded” as a product-by-process limitation vacated and remanded as “the structural nature of ‘injection molded’ can be gleaned from the plain claim … Continue reading →

Posted in Claim Construction, Product-by-Process | Leave a comment