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Schizophrenia drug patent survives Section 101 test at Federal Circuit

Michael Loney, New York

In its important Vanda Pharmaceuticals v West-Ward Pharmaceuticals opinion, the Federal Circuit found the claims eligible at step two of the Mayo/Alice test whereas the district court found them eligible at step one

The Federal Circuit has affirmed a ruling of patent eligibility in Vanda Pharmaceuticals v West-Ward Pharmaceuticals for claims directed to a drug based upon the results of a diagnostic technique.

The patent is owned by Aventisub and exclusively licensed to...

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