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Judge Sleet denies request for leave to file motion for summary judgment of invalidity under 35 U.S.C. § 101

Judge Gregory M. Sleet recently considered defendant Roxane Laboratories, Inc.’s letter request to file a motion for summary judgment of invalidity for lack of patentable subject matter under 35 U.S.C. § 101.  Vanda Pharmaceuticals Inc. v. Roxane Laboratories, Inc., C.A. No. 13-1973-GMS (consol.) (D. Del. Dec. 30, 2015).  Judge Sleet denied the request finding disputed issues of material fact to be “properly determined at trial,” such as whether the asserted claims involve a law of nature combined with steps that are “routine and conventional,” and whether the claims at issue are analogous to those at issue in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289, 1294 (2012).  Id. at 1 n.1.

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