"The Federal Circuit explained that the asserted claims 'do not claim humanized anti-CGRP antagonist antibodies themselves; instead, they claim only the use of such antibodies for the different, limited purpose of treating headache.'"
"The CAFC found the district court's grant of JMOL improper on both counts, emphasizing the importance of the written description and enablement requirements in patent law."
The U.S. Court of Appeals for the Federal Circuit reversed a district court's decision that invalidated Teva's patents for headache treatment using anti-CGRP antibodies. The district court had ruled the patents invalid due to insufficient written description and enablement. However, the Federal Circuit found the district court's judgment improper. The case involved Teva's patents claiming methods of using humanized anti-CGRP antagonist antibodies, with the jury initially ruling in favor of Teva, confirming Lilly's infringement and awarding damages.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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