Author: Alfred C. Server

Licensee Patent Validity Challenges Following MedImmune: Implications for Patent Licensing

Licensee Patent Validity Challenges Following MedImmune: Implications for Patent Licensing

This Article addresses the legal basis for resolving the licensor’s dilemma following MedImmune.  The MedImmune Court’s elimination of the jurisdictional barrier to a patent validity challenge by a licensee in good standing has been viewed by many as a pronounced shift in favor of the … Read More

This Article addresses the legal basis for resolving the licensor’s dilemma following MedImmune.  The MedImmune Court’s elimination of the jurisdictional barrier to a patent validity challenge by a licensee in good standing has been viewed by many as a pronounced shift in favor of the … Read more

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Reach-Through Rights and the Patentability, Enforcement, and Licensing of Patents on Drug Discovery Tools

Reach-Through Rights and the Patentability, Enforcement, and Licensing of Patents on Drug Discovery Tools

A novel, nonobvious Discovery Tool and its use can be the subject of valid patent claims, but patent claims that reach through to cover as-of-yet-undiscovered drug products generally fail to meet the written description and enablement requirements of 35 U.S.C. § 112. Notwithstanding the Supreme … Read More

A novel, nonobvious Discovery Tool and its use can be the subject of valid patent claims, but patent claims that reach through to cover as-of-yet-undiscovered drug products generally fail to meet the written description and enablement requirements of 35 U.S.C. § 112. Notwithstanding the Supreme … Read more

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