Author Archives: Warren Woessner

Ali v. Carnegie Institution of Washington – Where Did Ali Go Off the Rails?

In view of the IP hornets’ nest stirred up by Judge Bryson’s ruling in Allergan and the St. Regis Mohawk Tribe v. Teva Pharm. Inc., Case No. 2:15-cv-1455-WCB (E.D. Tex. , Oct. 16, 2017), which may or may not have … Continue reading

Posted in Federal Court, Hatch-Waxman, Litigation Issues, Post-Grant Issues, USPTO Practice and Policy | Leave a comment

In re Smith, International, Inc. – What’s a “Body” to Do?

In re Smith, International, Inc., Appeal no. 2016-2303 (Fed. Cir., Sept. 16, 2017)(”Smith”), the Fed. Cir. reversed the PTAB (that had affirmed the Examiner’s rejection of the claims) on the basis that the Board had subjected an element in Smith’s … Continue reading

Posted in Federal Court, Post-Grant Issues, Prior Art | Leave a comment

Amgen v. Sanofi – Invalidation Without Representation?

The End of the “Newly Characterized Antigen” Rule for Antibody Claims In Amgen, Inc. v. Sanofi, Appeal no. 2017-1480 (Fed. Cir., Oct. 5, 2017) the Fed. Cir. panel reversed the district court’s finding that Amgen antibody patents 8,289,165 and 8859741 … Continue reading

Posted in Written Description Requirements (WDR) | Leave a comment

Sea Change in IPR or Just an SOS? – Aqua Products, Inc. v. Matal

Sitting en banc, a fractured Federal Circuit (Appeal no. 2015-1177 (Fed. Cir., Oct. 4, 2017)) released 140+ pages comprising five separate opinions (7 Judges “concur in result”). The majority held that, at least under the current PTO regulations: “The only … Continue reading

Posted in Federal Court, Patent Reform Legislation, Post-Grant Issues, USPTO Practice and Policy | Leave a comment