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On Questionable Legal Basis, US Court Expands Range of Patentable Inventions

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).​​