Case: Patents/Anticipation (Fed. Cir.)

The Court of Appeals for the Federal Circuit reversed a federal district court’s grant of judgment as a matter of law of no anticipation and conditional grant of a new trial on anticipation in favor of Biogen MA Inc. in its action against EMD Serono Inc. for patent infringement. The court noted that Biogen’s patent is directed to a method of treating a viral condition, a viral disease, cancers or tumors, by the administration of a pharmaceutically effective amount of a recombinant polypeptide related to human interferon-β. The court found that a proper anticipation analysis of the patent claims turns ...