In Law360 article, Ben Katzenellenbogen and Paul Stewart Discuss the Federal Circuit’s Treatment of Prior Art Ranges

| Ben Katzenellenbogen

In the latest installment of Knobbe Martens’ Law360 series on noteworthy Federal Circuit opinions, partners Ben Katzenellenbogen and Paul Stewart write about a recent decision in UCB Inc. v. Actavis Laboratories UT Inc., a case where the Federal Circuit reiterated prior holdings that prior art disclosure of a range is not a disclosure of the endpoints of the range.

The article discusses the facts and holding of the recent case, as well as reviewing the earlier cases. The authors write that the Federal Circuit could "bring greater clarity and certainty to this area of law, and reduce the likelihood that district judges will erroneously analyze cases involving ranges, if the Federal Circuit were to provide a more robust theoretical underpinning for its treatment of endpoints in the prior art.”

Read the full article on Law360 here [PDF available here].