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. …

Enablement from a Provisional Application Must Be Supported by the Disclosure and Not Require Undue Experimentation by a Person Having Ordinary Skill in the Art

STORER v. CLARK: June 21, 2017.  Before Prost, Newman, and Dyk.   Takeaway: In order for a non-provisional patent application to be enabled by the provisional patent application from which it takes priority, the disclosure in the provisional patent application must enable one having ordinary skill to produce the claimed …

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 Cir. Sept. 29, 2015) (non-precedential).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 Cir. Nov. 14, 2014) (nonprecedential).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 …