Life sciences innovators already have the deck stacked against them in enforcing their patents. They must win almost every issue to be successful in court. Recent decisions regarding enablement and written description have made genus claims fairly easy to invalidate. Recent Federal Circuit decisions have made damages more difficult to prove and sustain on appeal. Now, a federal court decision, American Axle, offersbroad language about claims “directed to” natural laws, leaving Section 101 judicial exceptions open to unpredictable judicial interpretation.

Harris Beach attorney Laura W. Smalley, who focuses her practice on protecting and enforcing clients’ intellectual property rights, discussed the American Axle decision in IPWatchdog news.