Yesterday, the U.S. Court of Appeals for the Federal Circuit issued a ruling in Vieth v. MOM Enterprises, LLC affirming the Patent Trial and Appeal Board’s (PTAB) invalidation of Elaine and Dr. Reinhold Veith’s patent claims to methods of administering vitamin D to human beings. The Federal Circuit agreed that most of the claim construction and prior art arguments raised by the Vieths on appeal were forfeited for not being properly developed in the proceedings below, and also dismissed the Vieths’ contentions that they had established nexus between industry praise for its products and the challenged method claims. The post CAFC Finds Most Patent Owner Arguments Forfeited in Vitamin D Baby Drops Appeal from PTAB appeared first on IPWatchdog.com | Patents & Intellectual Property Law .

CAFC Finds Most Patent Owner Arguments Forfeited in Vitamin D Baby Drops Appeal from PTAB
Steve Brachmann

