Astellas Case Highlights Patent Eligibility Under Section 101 and the Party Presentation Principle

In Astellas Pharma Inc. v. Sandoz Inc., the US Court of Appeals for the Federal Circuit vacated a sua sponte district court ruling that found Astellas’s asserted patent ineligible under Title 35 of the US Code, Section 101. The Federal Circuit decision affirmed the applicability of the party presentation principle with respect to issues of patent eligibility under Section 101; as with other grounds of invalidity, the district court’s role in patent eligibility is limited to determining whether…
By: DLA Piper