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Update on natural products doctrine in the wake of Myriad

In our previous note, we had taken a rather optimistic view of the post-Myriad patentability of patents directed towards purified non-genomic DNA biological products, such as, for example, stem cells, peptides, antibodies, industrial enzymes, vaccines and diagnostic assays, among others.   We had hoped that the courts and the USPTO would not extend the Myriad ruling […]

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What makes a diagnostics-type claim patentable after Prometheus?

“Personalized medicine” is of increasing importance in the medical field today.  Personalized medicine, broadly speaking, refers to the design of medical treatments for the individual characteristics of each patient.  As of March 2013, there were approximately 119 drugs approved by the U.S. Food and Drug Administration (FDA) with pharmacogenomics markers in their labels.  Scientific research […]

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Is Your Newly FDA-Approved Drug Eligible for Patent Term Extension?

We have recently spent some time determining whether a patent covering a drug which was newly approved New Drug Application (NDA) by the FDA, was eligible for patent term extension (“PTE”). The drug in question was the free base of the previously FDA approved salt. Under 35 U.S.C. 156, the term of a patent that claims “a […]

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