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Elan Pharmaceuticals v. Mayo

October 26, 2004

Represented Elan to enforce its patent on transgenic mice for the study of Alzheimer's disease. After establishing that the desired transgenic mice could not be made and identified without the essential inventive discovery of the Elan scientists, the patents' validity were upheld on appeal. The Federal Circuit vacated summary judgment of invalidity for our client, patentee Elan Pharmaceuticals. In a rare decision, the Federal Circuit held that there was no inherent anticipation based on the knowledge of one of ordinary skill. This case is contrary to the modern trend, which generally has rejected non-inherency arguments.​