Tag Archives: Myriad

Ex Parte Smith: What We’ve Got Here Is A Failure To Communicate!

In Ex parte Smith, Appeal No. 2016-007565 (PTAB, May 16, 2016), the Board reversed the examiner’s s.101 and 103 rejections of a claim to a modified flavivirus envelop (E) protein comprising a mutated envelop protein, where the unmodified E-To domain … Continue reading

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New Webinar Series: Practical IP for Natural Sciences

Please join us in a new webinar series directed to the practical strategies in a new era of patent law to protect IP in chemistry, pharmaceuticals, biotechnology and genetic medicine. The collision of new technologies and patent statutes of a … Continue reading

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Athena Diagnostics, Inc. v. Mayo (D. Mass., August 4, 2017) – “That’s all,” She Wrote.

Please read my recent post about stage 1 of this proceeding, in which the Judge in 2016 found that the claims to diagnosing Myasthemia Gravis (MG) by adding MuSk to a patient sample and detecting any IgG autoantibody complexes that … Continue reading

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Same-Day Continuing Applications are Co-pending under s. 120

The outcome of this question of statutory construction was not really in doubt, given the fact that an adverse holding could invalidate thousands of patents which needed same-day copendency to avoid intervening prior art. Immersion Corp. v. HTC Corp., Appeal no. … Continue reading

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