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RESCHEDULED Case Law Meeting: Vanda Pharmaceuticals, Inc. v. West-Ward Pharmaceuticals
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When: Friday, March 2pth, 2019
8:30 am networking // 8:45-10am discussion
Where: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
One Financial Center
Boston, Massachusetts  02111
United States
Contact: Case Law Committee

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 BPLA Case Law Committee

Peter Corless of Mintz Levin will be leading a discussion of the CAFC’s decision in Vanda Pharmaceuticals, Inc. v. West-Ward Pharmaceuticals.

Mintz Levin
One Financial Center
Boston, MA 02111

Friday, March 29th 2019
8:30 am arrival and networking
8:45-10am discussion
Coffee, tea, and light refreshments provided

No charge for BPLA members or invited guests

Host and Discussion Leader:  Peter Corless, Partner, Mintz

Moderator: David Thibodeau, Partner, VLP Law Group

Photo identification is required to be admitted to the building.


This meeting will include a discussion of subject matter eligibility under 35 U.S.C. 101 with particular respect to diagnostic and treatment methods and the Federal Circuit’s Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC,  __ F.3d ___ (February 6, 2019) and Vanda Pharm, Inc. v. West-Ward Pharm. Intl, Ltd., 837 F.3d 1117 (Fed. Cir. 2018) as well as the USPTO 2019 Revised Patent Subject Matter Eligibility Guidance as currently released for comments.  In Athena Diagnostics, the split Federal Circuit panel affirmed that the diagnostic method claims at issue were patent ineligible.  In Vanda Pharm, another split panel agreed with the lower court that the treatment claims were both directed to patent eligible subject matter and infringed.


UPDATE: The case we will be discussing this Friday (captioned Vanda v Westward at the Court of Appeals for the Federal Circuit, now captioned Hikma v Vanda upon further appeal) has now been fully briefed before the Supreme Court.

Please review the following documents:


Contact for more information.

Committee Co Chairs

James Lampert, WilmerHale, Retired

Yvonne Lee, WilmerHale

N. Scott Pierce, Saul Ewing Arnstein & Lehr LLP

Valarie Rosen, Cabot Corporation
David Thibodeau, VLP Law Group


Boston Patent Law Association
One Batterymarch Park, Suite 101
Quincy, MA 02169
Phone: 617.507.5570

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