Tag Archives: patent claims

More Questions Than Answers from the PTO

At the recent BIO International Convention, Deputy Commissioner Andrew Hirschfeld (who chaired the May PTO s.101 Forum) presented seven “Sample Claims” related to biotech/pharma inventions and invited “discussion and feedback” from the interested public. The claims have been posted on … Continue reading

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Lightning Ballast II – Judge Lourie Tries to Get to “The Facts of the Matter”

After reading all 88 pages of this very scholarly opinion which left patent law right where it was post-Cybor – no matter how much weight the parties and amici felt stare decisis deserved – I went back and read Judge Lourie’s concurrence. It is mercifully … Continue reading

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Federal Circuit Reaffirms Cybor Standard in Lightning Ballast Rehearing

On Friday, a narrow majority of the Fed. Cir. sitting en banc, reaffirmed that claim interpretation is a question of law, to be reviewed de novo upon appeal to the Fed. Cir. (A copy of the decision can be found below.) … Continue reading

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Prometheus Unbound – Are Methods Of Medical Treatment The Next “Targets”?

In my March post “Unnatural Acts – Patenting Diagnostic Tests Post-Prometheus” I wrote: “I have been trying to formulate diagnostic claims that would pass muster post-Prometheus and I am having trouble. If a researcher discovers the marker, the researcher should … Continue reading

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