Intellectual Property Owners Association

Serving the Global Intellectual Property Community

ReadMore

IPO Daily News™

Monday, 16 April 2018 8:01 am

Federal Circuit Summaries Logo

**METHOD OF TREATING SCHIZOPHRENIA WHERE DOSAGE RANGE BASED ON PATIENT’S GENOTYPE WAS PATENT ELIGIBLE

Vanda Pharm. Inc. v. West-Ward Pharm. Int’l Ltd., 16-2707 — On Friday in an opinion by Judge LOURIE, a split Federal Circuit upheld a district court judgment that Vanda’s claims were not directed to ineligible subject matter under Patent Act section 101. The claims were for “a method of treating schizophrenia patients with iloperidone wherein the dosage range is based on the patient’s genotype.” West-Ward argued that the claims were directed to a patent-ineligible law of nature.

The Federal Circuit found that the claims were “directed to a specific method of treatment for specific patients using a specific compound at specific doses to achieve a specific outcome” under step one of the Alice test rather than to a law of nature. The claims were distinguishable from the claim in Mayo, which “stated that the metabolite level in blood simply ‘indicate[d]’ a need to increase or decrease dosage, without prescribing a specific dosage regimen or other added steps to take as a result of that indication.” Chief Judge PROST dissented.
(1 to 4 stars rate impact of opinion on patent & trademark law)

NIST ISSUES FINAL RULE RELATING TO INVENTIONS MADE WITH FEDERAL ASSISTANCE

In a Federal Register notice published on Friday, the National Institutes of Standards and Technology (NIST) issued a final rule under the Bayh-Dole Act relating to the rights to federally-funded inventions and licensing of government-owned inventions. It becomes effective on the 14th of May, 2018. The final rule includes a number of revisions made in response to comments submitted to NIST following a 7 November 2016 Notice of Proposed Rulemaking.

IP VIDEO CONTEST OFFERS CASH PRIZES AND SCHOLARSHIPS

The IPO Education Foundation IP Video Contest offers $25,000 in scholarships and cash prizes and is accepting submissions until 1 July 2018. Do you know someone who’s looking for scholarship opportunities? Or who likes to make videos and wants to share what they know about IP? Spread the word about this exciting opportunity by forwarding them the IP Video Contest information. To learn more about the contest visit IPOEF.org.

IP IN THE MASS MEDIA

WSU Sues Ag-Biotech Company for Infringing Patent on New Variety of Apple

On Saturday the Seattle Times reported that Washington State University sued Phytelligence for patent infringement, claiming that the Seattle ag-biotech company’s growth of Cosmic Crisp apples for commercialization without a proper license.

Bruno Mars, Mark Ronson Settle Copyright Suit on “Uptown Funk”

On Friday Pitchfork reported that BRUNO MARS and MARK RONSON settled a copyright infringement suit brought against them by the band Collage, which claimed that their hit “Uptown Funk” copied the electro-funk band’s 1983 single “Young Girls.”