Biotech on both sides of Festo

The Supreme Court heard oral arguments last week in a case that could determine the characteristics of a critical area of patent law: the applicability of the doctrine of equivalents, which extends protections from the literal claims of a patent to obvious but unstated embodiments.

Although there is broad agreement that the outcome of Festo Corp. versus SMC Pneumatics Inc. is of great importance to biotech, companies have adopted diametrically opposite views of the best outcome. In briefs filed with the Supreme Court, Guilford Pharmaceuticals Inc., Chiron Corp., Xoma Ltd. and Celltech Group plc argue in favor of overturning a federal appeals court ruling against Festo. On the other side, Genentech Inc., MedImmune Inc. and Applera Corp. urge the Supreme Court to let the decision stand. ...