Monthly Archives: April 2012

Prometheus Q/A – Which Side Are You On?

A guest post from Robin Chadwick of SLW. During the three weeks since the Supreme Court ruled that certain diagnostic claims are not eligible for patenting, four other patent cases have been impacted by this ruling. The Court is shaping … Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , | 1 Comment

Aventis v. Hospira – How to Meet the Therasense Standards

On April 9, 2012, The Fed. Cir. affirmed a holding by the district court that rendered two (then) Sanofi add-on patents on infusion vehicles for docetaxel unenforceable due to inequitable conduct. The inventors, particularly inventor/project manager Fabre, were found to have … Continue reading

Posted in Inequitable Conduct/Rule 56 | Tagged , , , , , | 2 Comments

USPTO Encourages Prosecution After Final – Sort of

Although entry of any amendments after final rejection has always be discretionary with Examiners, for pretty much my entire career, I have had good luck continuing prosecution after final rejection – sometimes filing multiple Rule 116 amendments or making multiple … Continue reading

Posted in USPTO Practice and Policy | Tagged , , , | 1 Comment