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IP News

BY Jeff Ginsberg
October 31, 2016

Fed. Cir.: Patent Application Provided Sufficient Written Description to Provide Priority Date

On Sept. 20, 2016, a Federal Circuit panel consisting of Judges Reyna, Wallach, and Hughes issued a unanimous opinion, authored by Judge Reyna, in Yeda Research and Development Co., Ltd. v. Abbott GMBH & Co. KG, Case No. 2015-1662 & 2015-1663. The Federal Circuit found that U.S. Patent No. 5,344,915 (the '915 patent) is valid since it was entitled to claim priority to the filing date of German patent application P39 15 072 (the '072 German application).

Abbott GMBH & Co. KG (Abbott) owns the '915 patent, which contains claims directed to a protein referred to as TBP-II. This protein attaches to and neutralizes a different protein, Tumor Necrosis Factor α (TNFa). The TNFa protein is linked to various diseases.

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