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Analysis

Printed Matter Doctrine Case Could Offer New Patent Attack

Law360 (May 25, 2018, 9:42 PM EDT) -- A recent Federal Circuit decision applying the rarely-invoked printed matter doctrine to invalidate a respiratory drug patent could give litigants another way to challenge patents and get in patent-eligibility arguments that otherwise can't be made in inter partes reviews, attorneys say.

The doctrine holds that parts of a patent that are directed to printed material or the content of information are not given patentable weight unless they serve some function in the invention. It was originally designed to preserve the boundary between patents and copyrights by preventing patents on copyrightable written material like business forms, books and diagrams.

In a May...

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Court

Appellate - Federal Circuit

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Date Filed

September 8, 2016

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