interference : CAFC Alert

A Distinction Without A Difference

Adele Critchley | March 21, 2016

Ulf Bamberg, Peter Kummer, Ilona Stiburek v. Jodi A. Dalvey, Nabil F. Nasser

March 9, 2016

Before Moore, Hughes and Stoll.  Opinion by Hughes.

Summary:

The CAFC upheld the Board’s decision that the Bamberg claims were correctly interpreted in light of the Dalvey patents from which they were copied, and functional limitations were not improperly imported.

The CAFC upheld that, in light of the claim interpretation, the Bamberg specification failed to provide adequate written description.

The CAFC found that the Board did not err in denying Bamberg’s motion to amend the claim set due to a lack of claim chart.


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Unexpected results, not disclosed in the specification, of a compound may overcome a prima facie case of obviousness

Lee Wright | April 2, 2012

Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc.

August 23, 2011

Panel:  Lourie, Plager and Dyk.  Opinion by Lourie.  Concurrence-in-part and dissent-in part by Dyk.

Summary:

Today, we bring you the first in a series of three articles regarding an important case from last year.   This article discusses the following question:

Question:  Can evidence of unexpected results of a compound be used to overcome a prima facie case of obviousness, where the unexpected result is not disclosed in the specification as originally filed?

Answer: Yes.

Evidence of unexpected results to a property of a compound, where the unexpected result is not disclosed in the specification as originally filed, can be used to overcome a prima facie case of obviousness.


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