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« Unigene Laboratories, Inc. v. Apotex, Inc. (Fed. Cir. 2011) | Main | Conference & CLE Calendar »

August 28, 2011

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Comments

Kevin,

The plaintiff petitioning for rehearing in this case should be careful of what they ask for. An en banc Federal Circuit could potentially overturn the panels ruling on the patent-ineligible method claims.

"The plaintiff petitioning for rehearing in this case should be careful of what they ask for. An en banc Federal Circuit could potentially overturn the panels ruling on the patent-ineligible method claims."

A small price to pay my good man. Prom already has Cert. and it should end most of the nonsense we see in this area.

Besides, on the facts and claim constructions they seem to be considering those claims are pretty well gone no matter the panel. Although I myself have no opinion on their validity or invalidity as that is a question for a court.

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