Fed. Circ. Revives Boehringer Diabetes Drug Patent

Law360 (March 16, 2020, 9:48 PM EDT) -- The Federal Circuit on Monday reversed a lower court decision invalidating a Boehringer patent on a method of treating Type 2 diabetes that was asserted against Mylan and Aurobindo, ruling that the lower court erred in finding the patent covered an abstract idea.

In an 11-page nonprecedential opinion, a three-judge panel overturned a New Jersey federal court's decision in 2017 that Boehringer's patent was invalid under the U.S. Supreme Court's Alice ruling, which holds that abstract ideas implemented using a computer aren't eligible for patent protection without an additional inventive concept.

The district court had found that the patent — which...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!