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In an 11-page nonprecedential opinion, a three-judge panel overturned a New Jersey federal court's decision in 2017 that Boehringer's patent was invalid under the U.S. Supreme Court's Alice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...

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