Category Archives: Uncategorized

Athena Diagnostics v. Mayo – Finessing the Correlations Trap?

In The Cleveland Clinic Foundation v. True Health Diagnostics, the Fed. Cir. panel held that a claim to a diagnostic method for determining a test subject’s risk for atherosclerotic cardiovascular disease (CD) by comparing MPO levels in the bodily fluid … Continue reading

Posted in Federal Court, Section 101, Uncategorized | 1 Comment

Millennium Pharm. v. Sandoz, Inc. – Revenge of the Chemical Judges

In the 2003 panel decision in Schering Corp. v. Geneva Pharm., Inc., the panel rejected “the contention that inherent anticipation requires recognition [of the claim element not found] in the prior art.” The claims were directed to a bioactive metabolite … Continue reading

Posted in Federal Court, Uncategorized | 1 Comment

Patent Office Releases Comments on Standards for Patent Eligibility Examination

On November 2nd, Robert Bahr released a concise but informative memorandum that could be entitled “What We Learned From McRO and BASCOM.” I have posted on McRO, Inc. dba Planet Blue v. Bandi Namco Games America Inc. et al., 120 … Continue reading

Posted in Claim Construction, Federal Court, Govt Policy/PTO Policy, Uncategorized, USPTO Practice and Policy | Leave a comment

Chisum and Mueller Dissect The Recent En Banc Decision In Apple v Samsung – “Smartphone Wars: Federal Circuit Shenanigans?”

This is a guest post by Donald Chisum and Janice Mueller. The Federal Circuit’s October 7, 2016 en banc decision, 2016 WL 5864573, concerning one phase of the ongoing Apple v. Samsung smartphone patent wars, may turn out to be the … Continue reading

Posted in Federal Court, Uncategorized | 1 Comment