Patent “Silent Disclaimers” Established Under Rituxan Ruling, Biogen Worries
This article was originally published in The Pink Sheet Daily
Executive Summary
Biogen Idec and Genentech petition the Federal Circuit to rehear en banc a ruling that Biogen’s Rituxan patent claim does not cover GlaxoSmithKline’s Arzerra; they say that failing to expressly object to an examiner’s views does not imply they disavowed the scope of a patent claim.