Routine High-Throughput Screening is Undue Experimentation, Federal Circuit Holds
Wyeth v. Abbott Labs
By Kathleen McGuinness – Edited by Alex Shank
The Federal Circuit upheld the invalidity of patents claiming the use of rapamycin to treat restenosis, the renarrowing of an artery following angioplasty. The court held that “routine experimentation” to discover species of compounds within a claimed genus could constitute “undue experimentation,” since the discovery may require screening tens of thousands of compounds without any guidance from the patent.Read More...