Treatment Method Patents After Fed. Circ. Vanda Ruling

By Kurt Lockwood and Erin Martell ( September 4, 2018, 1:01 PM EDT) -- In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals,[1] the Federal Circuit analyzed subject matter eligibility under the U.S. Supreme Court's Alice/Mayo framework,[2] as applied to a treatment method claimed in U.S. Patent No. 8,586,610 ("the '610 patent"). The Vanda decision was followed closely by a U.S. Patent and Trademark Office memorandum,[3] which endorsed the analysis and its own examination guidance for evaluating method of treatment claims as consistent with the decision....

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