Monthly Archives: November 2013

The Unacknowledged Role of Section 112 in the Myriad Decisions

Guest post from Paul Cole, Lucas & Co., UK; introduction by Warren Woessner. In this interesting note, Paul Cole explores the possible effect on the Fed. Cir. and Supreme Court’s decisions about the patent-eligibility  of “genomic DNA” of the arguable … Continue reading

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Ohio Willow Wood Co. v. Alps South, LLC – Inequitable Conduct Lives!

In October, I spoke at AIPLA with James Carmichael, who used to head up the “Fraud Squad” at the PTO. He noted that there had only been three Fed. Cir. decisions upholding findings of inequitable conduct (IC) since Therasense, two … Continue reading

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Ariosa Diagnostics v. Sequenom: Another One Bites The Dust

In Ariosa Diagnostics, Inc. v. Sequenom, Inc., 2013 U.S. Dist. LEXUS 156554, the U.S. District Ct. for N.D. Cal., granted summary judgment to Ariosa that the claims of U.S. Patent No. 6,258,540 were invalid as directed to patent-ineligible natural phenomena … Continue reading

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Sanofi-Aventis v. Pfizer – Possession and Appreciation Trump Structure

On Tuesday, the Fed. Cir. affirmed a finding by the Board that Pfizer was entitled to an earlier priority date for a claim to  cDNA encoding the IL-13 receptor protein (Sanofi-Aventis v. Pfizer, Inc., App. No. 2012-1345 (Fed. Cir. November … Continue reading

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