June 26, 2018
Fenwick patent litigator Ewa Davison, Ph.D., was recently quoted in an Intellectual Property Watch article titled “US Perspectives: On Questionable Legal Basis, US Court Expands Range of Patentable Inventions.”
Davison discussed the impact of the Federal Circuit’s recent decision in Vanda Pharmaceuticals v. West-Ward Pharmaceuticals on patent eligibility in the life sciences.
Regarding the Vanda ruling, Davison told Intellectual Property Watch, “It is a good attempt by the Federal Circuit to balance the Supreme Court’s guidance [in Mayo] with the needs of the life-science industry.”
She also noted that Vanda offers relief to innovative pharmaceutical and biotech companies, by providing a way around Mayo.
When drafting a patent application for a medical treatment, Davison said: “You need to focus the claims on treating a specific medical condition. That is the biggest takeaway from Vanda.”
The full article is available through Intellectual Property Watch (subscription required).