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« You Are Going to Hear A Lot More FUD about Patent Law, So Here Are Some Facts | Main | Axonics, Inc., v. Medtronic, Inc. (Fed. Cir. 2023) »

July 09, 2023


I don't see the problem with this decision (or Amgen). Any of these "wherein effect X is obtained" claims in the pharma space are devoid of innovative value; they're either inherent (it happens whenever you administer the API) or indefinite per se (it only happens in some compositions, and we have no idea which ones, other than the one we made). MOT claims are NOT devoid of innovative value, and arguably disclose the most critical efforts the patentee has made.

It would be clearer for everyone if 112 pinned patentees closer to their disclosure, and DOE could mop up any near misses as appropriate.

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