Posts Tagged: "Perricone v. Medicis Pharm"

Federal Circuit Treatment of Inherency Arguments Aimed at Method of Treatment Patent Claims

This article examines Federal Circuit case law analyzing validity challenges to method of treatment patent claims where the claims at issue are alleged to recite an inherent property of a method or molecule taught in the prior art. While Federal Circuit case law challenging method of treatment claims on inherent anticipation grounds is generally globally consistent and reasonably straightforward, the court’s inherent obviousness case law is less so.