Federal Circuit Confirms That Specific Treatments Are Not Abstract Ideas—But They Still Might Be Obvious

Mar 19, 2020Federal Circuit, 35 U.S.C. § 101, Pharmaceuticals, § 101 Analysis under Alice

The Federal Circuit recently held certain method of treatment claims patent eligible under step one of Alice, reversing a district court’s judgment on the pleadings. In that same case, the Federal Circuit upheld the district court’s obviousness and obviousness-type double patenting determinations invalidating the claims of two other patents because the claimed treatments fell within a prior art dosage range.

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