Intellectual Property Law

New Matter 2018 SUMMER Volume 43, Number 2

Highway [35 U.S.C. Section] 101: Finding the On-Ramp

D. Benjamin Borson

Borson Law Group P.C.

Disclaimer: Nothing herein should be construed as legal advice or legal representation.

This is a report on a family of cases in Vanda Pharmaceuticals Inc. v. Roxane Laboratories, Inc. 203 F.Supp.3d 412 (D. Delaware August 25, 2016, "Vanda I") and Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Limited, West-Ward Pharmaceuticals Corp. 2016-2707, -2708 (Fed. Cir. April 13, 2018; "Vanda IT’). Because the reasoning of the Federal Circuit (Vanda I) includes reasoning in the decision in Vanda I, this report addresses both Vanda I and Vanda II.

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