Fed. Circ. Finds Stroke Treatment Patent Anticipated By Study

Law360, New York (May 9, 2012, 7:28 PM EDT) -- The Federal Circuit ruled Tuesday that a patent application for a method of treating strokes was invalid because it was "inherently anticipated" by an earlier study.

In a split decision, the court upheld a decision by the Board of Patent Appeals and Interferences rejecting the application, by Hugh Edward Montgomery and other inventors, based on the inherent anticipation doctrine.

Under that doctrine, newly discovered results of known processes directed to the same purpose are not patentable because such results are inherent, the court ruled, and it...
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