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Christopher Yaen Article on PTAB Markush Rejection Practice and What it Means for Biotech Applicants Published in Law360

Arent Fox Intellectual Property Associate Christopher H. Yaen penned a recent article published in Law360 on the recent practice of the Patent Trial and Appeal Board with respect to the rejection of claims for being in “improper Markush” format.

The article discusses Ex parte Hubschwerlen where they successfully argued against such a rejection of a pharmaceutical patent claim for Arent Fox client Actelion Pharmaceuticals.

The article discusses recent Patent Trial and Appeal Board cases including Ex parte Chettier, where Mr. Yaen writes: “The board’s focus on lack of common core structure for the claimed biological molecules in Chettier could spell trouble for biotech applicants.”

Click here to read the full article.


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