Tag Archives: Judge Lourie

Athena’s “Questionable” Petition for Cert.

On October 1st, Athena filed a petition for a writ of certiorari to the Supreme Court following the Fed. Cir.’s fractured denial for its petition for rehearing en banc in Amgen v. Mayo. The original request for rehearing en banc … Continue reading

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Nalproprion v. Actavis: WDR met by Substantially Equivalent Claim Elements(?)

In Nalproprion v Actavis, App. No. 2018-1221 (Fed. Cir., August 15, 2019) a divided panel of Judges Prost, Lourie and Wallach – Prost dissenting – affirmed the district court’s ruling that claim 11 of U.S. Pat. No. 8,916,195 met the … Continue reading

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Mayo Wins in Another s. 101 Appeal – Discovery of a Useful Natural Correlation is not Patent Eligible

By now, once you see the claim, I would not be surprised if any of my loyal readers could not predict how it would fare at the Fed. Circuit. However, this is a worthwhile decision to review, particularly since the … Continue reading

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Interval Licensing v. AOL — Judge Plager’s Concurring Dissent

The majority of the panel in Interval Licensing v AOL, Appeal no. 2016-2502, -05, -06, -07 (Fed. Cir., July 20, 2018) affirmed the district court’s finding that claims 15-18 of U.S. Pat. No. 6,788,314 are invalid as attempting to claim … Continue reading

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