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product-by-process

Process or Product? Recent Product-by-Process Case May Pose Problems for Innovators

Process or Product? Recent Product-by-Process Case May Pose Problems for Innovators

The U.S. Court of Appeals for the Federal Circuit recently ended much of the controversy surrounding product-by-process claims in Abbott Laboratories v. Sandoz, Inc., but arguably created a new debate in the intellectual property world.  The court overruled an earlier panel decision from Scripps Clinic & Research Foundation v. Genetech, Inc., instead following the precedent […]