Stanford University’s Loss in Interferences of Three Patents Covering Testing Methods for Fetal Aneuploidies for Lack of Written Description is Vacated

The Board of Trustees of the Leland Stanford Junior University v. The Chinese University of Hong Kong, Jun. 27, 2017, Before O’Malley, Reyna, and Chen.   Takeaway: The Federal Circuit declined to reconsider its decision in Biogen MA, Inc. v. Japanese Found. for Cancer Research, 785 F.3d 648 (Fed. Cir. …

Federal Circuit Confirms the Existence of an Interference-In-Fact Between Cancer Treatment Method Patents and Applicants

Authored by K. Patrick Herman, Barry M. Greenbaum, and Brent T. Hagen Digest of Tas v. Beachy, No. 2015-1175 (Fed. Cir. Sept. 29, 2015) (non-precedential). On appeal from P.T.A.B. Before Prost, Newman, and Chen (per curiam). Procedural Posture: The P.T.A.B. declared two interferences (which were consolidated) between patent holder Tas, …

Federal Circuit Rules District Court Review is Unavailable for Interferences Commenced After 9/15/2012

Authored by Mark A. Chapman, Joseph M. Purcell, Jr. and Jonathan W. Thomas Digest of Biogen MA, Inc. v. Japanese Foundation for Cancer Research, No. 2014-1525 (Fed. Cir. May 7, 2015) (precedential). On appeal from the District of Massachusetts.1 Before Dyk, Schall, and Chen. Procedural Posture: In an interference proceeding, the PTAB …

Federal Circuit Affirms Claim Construction of the PTAB and Affirms in part, Vacates in part, and Remands Regarding Written Description

Digest of Rozbicki v. Chiang, No. 2014-1041 (Fed. Cir. Nov. 14, 2014) (nonprecedential). On appeal from the USPTO PTAB. Before Dyk and O’Malley. Judge Rader did not participate in the decision. Procedural Posture: Following an interference proceeding, Appellants Rozbicki, et al. appealed the PTAB’s award of priority, the PTAB’s construction of …

CAFC affirms award of priority of invention in an interference.

  Case: Sanofi-Aventis v. Pfizer Inc., No. 2012-1345 (Fed. Cir. Nov. 5, 2013) (precedential). On appeal from the Board of Patent Appeals and Interferences. Before Newman, Lourie, and Davis. Procedural Posture: Senior party Sanofi-Aventis appealed the Board’s award of priority of invention to junior party Pfizer. CAFC affirmed. Interferences: The …