top of page

Kaken Pharmaceutical Co., Ltd. v. Iancu (Fed. Cir. Mar. 13, 2020)

The Federal Circuit vacated the Patent Trial and Appeal Board's obviousness determination based on an erroneous construction of the claimed expression "treating a subject having onychomycosis."

According to the CAFC, the Board's construction was inconsistent with the prosecution history (including statements made to overcome a rejection) and statements in the specification (including some relating to the object of the invention) which supported a narrower interpretation.

Read the case here.

Recent Posts

See All

U.S. Supreme Court opinion of Amgen Inc. v. Sanofi

Post by Paul Serbinowski What must the specification disclose to enable broad functional claim language? A week ago in Amgen Inc. v. Sanofi, the U.S. Supreme Court considered what the specification mu


Commenting has been turned off.
bottom of page