Genentech v. Sandoz is a case that dealt with the validity and infringement of patents related to methods of managing side effects of certain drugs. That case centered around two patents each owned by Genentech, and which covered methods for reducing the risk of certain side effects in patients taking certain medications. Sandoz, a pharmaceutical company, was accused of infringing in Federal Court on these patents by using similar methods in its own drugs.
The case ultimately ended up in the United States Court of Appeals for the Federal Circuit, where the court ruled that the patents in question were invalid. The court found that the methods claimed in the patents were not new and non-obvious, and therefore did not meet the requirements for patentability.
The court in that case also ruled that even if the patents had been valid, Sandoz’s methods would not have infringed on them. This was because the methods used by Sandoz were different from those claimed in the Genentech patents, and therefore did not fall under the scope of the patents.
This case highlights the importance of carefully considering the requirements for patentability when seeking to protect new methods or technologies. In order for a patent to be granted, the invention must be novel, non-obvious, and useful. If these requirements are not met, the patent may be found invalid and the inventor will not be able to stop others from using their invention. This is obviously important.
Additionally, the case serves as a reminder of the importance of closely analyzing whether an accused product or method falls under the scope of a patent. Even if a patent is valid, it is not necessarily infringed upon simply by using a similar method. It is important to carefully examine the specific claims of the patent and determine whether they are being met by the accused product or method.
Overall, the Genentech v. Sandoz case serves as an important reminder of the complex nature of patent law and the need to carefully consider the requirements for patentability and the scope of a patent in order to successfully protect and enforce intellectual property rights. Contact a patent attorney with Tucker Law to discuss your patent matter at 1-800-TUCKERWINS.
