Momenta Pharmaceuticals, Inc. (MNTA)

[floblu14]

Federal Circuit interprets two important infringement provisions

Writing Claims For § 271(g)

Each independent claim of the ‘866 patent is directed to “[a] method for analyzing an enoxaparin sample.” Now that the court has decided that § 271(g) requires “the creation or transformation of a product” by the patented process, applicants should consider including claims that include making steps, even if the invention primarily pertains to other steps.

http://www.lexology.com/library/detail.aspx?g=436c749d-e57d-42f0-9637-ecb911facc1c