Broad Antibody Method of Treatment Claims Upheld by Federal Circuit

Key Points - • In Teva Pharmaceuticals International GmbH v. Eli Lilly & Co., the Federal Circuit upheld broad method of treatment claims directed to using anti-CGRP antagonist antibodies to treat headache, even though corresponding composition claims had been invalidated. • For method claims, the court held that the written description and enablement inquiries under 35 U.S.C. § 112 focus on the claimed use — not the genus of antibodies themselves. The requirements may be satisfied when the... By: Fox Rothschild LLP