Amgen Inc. v. Vidal (Fed. Cir. 2022)

By Donald Zuhn –- Earlier today, the Federal Circuit reversed the Final Written Decision, and reconsideration of that decision, by the U.S. Patent and Trademark Office Patent Trial and Appeal Board, which determined that claims 1-24 of U.S. Patent No. 8,952,138 were unpatentable under 35 U.S.C. § 103(a). The ‘138 patent is directed to methods for refolding proteins at high concentrations using a controlled reduction-oxidation (redox) reaction. Claim 1, the lone independent claim, is set forth below: 1. A method of refolding a protein expressed in a non-mammalian expression system and present in a volume at a concentration of 2.0…