Cristin Berkey

Cristin Berkey focuses her practice on U.S. and foreign patent prosecution and patent portfolio analysis and management. She has extensive knowledge in the areas of therapeutic antibodies, polypeptide biologics, antisense technology, and microorganism based therapies.

Recent Posts

Sweating Bullets Over the Patentability of Ranges

Posted by Cristin Berkey on Apr 18, 2017

Cristin Berkey

If a patent claim recites a range of 2-6 units, and a prior art reference recites a range of up to 4 units, do those two ranges overlap such that the patent claim is not novel? If so, how important are the ranges when it comes to establishing the novelty of the claim, and whose job is it to make that argument? These questions of overlapping ranges arose in Dermira, Inc. v. Purepharm, Inc. (IPR2015-01593). In this IPR decision, the PTAB affirmed that when a reference discloses an overlapping range with the challenged patent’s claims, the patent holder has the burden of showing the criticality of the claimed range to establish novelty.

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Topics: Biotech

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