26 August 2021

What’s next for genus claims

In the aftermath of the Idenix v Gilead case in 2019   Dmitry Karshtedt and his co-authors  published an article in the Harvard Journal of Law & Technology titled “The Death of the Genus Claim” in which they state that “in the past 30 years, there are virtually no significant examples of genus claims in the life science fields upheld on appeal as compliant with §112(a) outside the unique context of ‘interference’ proceedings”.

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