Monthly Archives: September 2009

Guessing Right Is Not Sufficient — The Ghost Of Rasmusson Walks Among Us!

Rasmussen v. SmithKline Beecham Corp., 413 F.3d 1318 (Fed. Cir. 2005) (link below) was a truly scary decision that many of us practitioners hoped would be ignored by future Fed. Cir. panels as an aberration brought on by over-extensive prosecution, … Continue reading

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WARF and Life Sciences in Wisconsin – A Memoir

Yesterday and today, the Minneapolis StarTribune has run lengthy stories contrasting the development of the biotechnology industry in Wisconsin with that in Minnesota. Today’s story focuses on the Wisconsin Alumni Research Foundation (WARF) and its successful efforts to found and … Continue reading

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Does a Slideshow Show Too Much? In re Klopfenstein Revisited

In re Lister, the Federal Circuit repeatedly cited In re Klopfenstein, 380 F.3d 1345 (Fed. Cir. 2004) (link below), a decision that held that a poster presentation that was available for viewing at a meeting for 2-3 days was a … Continue reading

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Fed. Cir. Tees Off On Board's Evidence of Timing of Publication

ln re Lister, appeal no. 2009-1060 (Fed. Cir, Sept. 22, 2009) (link at bottom) the panel found that a manuscript by the inventor, “Advanced Handicap Alternatives for Golf” which he had sent into the Copyright Office some time prior to … Continue reading

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