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Tag Archives: Anticipation

In Re Montgomery: Inherently Therapeutic

Posted by Courtenay Brinckerhoff on Posted in 102; Federal Circuit Decisions

In In re Montgomery, the Federal Circuit addressed the issue of anticipation by inherency in the therapeutic context. This case illustrates the difficult doctrine of inherency and the potential importance of claim language—and claim construction—to an inherency analysis.Continue reading this entry

Federal Circuits Finds Broad Range Anticipates Narrower Range

Posted by Courtenay Brinckerhoff on Posted in 102; Federal Circuit Decisions

In ClearValue, Inc. v. Pearl River Polymers, Inc., the Federal Circuit found that a jury verdict of validity was not supported by substantial evidence, and so reversed the district court’s decision denying Pearl River’s motion for judgment as a matter of law (JMOL). This case is interesting because it explains when a broad range may or may not anticipate a narrower range. Continue reading this entry