Vviacell inc491f3d134283uspq2d1289 fedcir2007 s

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Unformatted text preview: the time the invention was made to collect, cryopreserve, store and administer hematopoietic stem cells from umbilical cord blood to an individual in need of hematopoietic reconstitution with a reasonable expectation of success because the prior art suggests that umbilical cord blood may be successfully used in hematopoietic reconstitution and may be successfully cryopreserved without loss of viability of the stem cells contained therein 15 15 Pharmastem Therapeutics, Inc. v. Viacell, Inc., 491 F.3d 1342, 83 USPQ2d 1289 (Fed. Cir. 2007) s Court’s Analysis Could not reconcile expert testimony with statements in the specification Did not agree with expert that terminology was “flawed” Prior art references to “stem cells” were consistent with Applicants’ statements in the specification Citing KSR, determined that invention was confirmation of what was already believed to be true 16 16 Example 2 s Claim The besylate salt of amlodipine 17 17 Example 2 s Prior Art Patent disclosing amlodipine and pharmaceutically­acceptable acid addition salts and specifically names hydrochloride, hydrobromide, sulphate, phosphate, acid phosphate, acetate, maleate, fumarate, lactate, tartrate, citrate, and gluconate salts Reference disclosing 53 FDA­approved commercially­marketed anions useful for making pharmaceutically acceptable salts and specifically names besylate as one of those salts whose frequency of...
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This note was uploaded on 04/05/2010 for the course LAW LAW6571 taught by Professor Abbott during the Spring '10 term at Florida State College.

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