Fed. Circ. Hears Arguments In Kubin Biotech Case

Law360, New York (January 8, 2009, 12:00 AM EST) -- In a case that is being closely watched by the biotechnology industry, a federal appeals court heard oral arguments Thursday in In re Kubin, which challenges a decision that upheld the rejection of Amgen Inc. scientists’ patent application for claims related to preparing a cDNA molecule encoding a particular protein.

The scientists are contesting the Board of Patent Appeals and Interferences’ ruling in May 2007 that affirmed an examiner’s rejection of the claims due to obviousness and failure to meet the written description requirement. The three-judge...
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