Illumina v. Ariosa – Ariosa Petitions for Cert.

Posted on January 18, 2021 by Warren Woessner

The first panel decision below can be found at 952 F.3d 1367 (Fed. Cir. 2020). I posted on this decision on June 1, 2020, days before the Fed. Cir. issued a modified panel decision in August, 967 F.3d 1319 (Fed. Cir. 2020) that essentially affirmed the first panel’s holding that the claims in two Illumina patents, U. S. Pat. Nos. 9,580,751 and 9,738,931, claimed patent eligible subject matter. Please read my June post for more background. Claim 1 of the ‘751 patent reads as follows:

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American Axle & Manufacturing v. Neapco Holdings–Part II

Posted on January 13, 2021 by Warren Woessner

In my first post on American Axle’s Petition for cert., I focused on the substantive arguments of the parties. Almost as interesting is Part 5 of the Petition, in which AA argues that this is a good case for the S. Ct. to grant the Petition. I will try to summarize the arguments. But the Section starts off by arguing that the invention in question is “not a run-of-the-mill Section 101 case” like attempts to patent business methods or diagnostic tests: “This case is different—[AA’s] claims ‘are directed to a process for manufacturing car parts—the type of process which has been eligible since the invention of the car itself.’”

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American Axle Petitions for Cert.

Posted on January 11, 2021 by Warren Woessner

You may have noticed that I haven’t been posting since November. I feel like IP law has hunkered down and I find spats over jurisdiction and even the appeal urging the S. Ct. to validate IPR judgeships to be less than inspiring topics for a pharma/biotech blog. But I have remained some hope that either the Supremes or Congress will do something to mend s. 101 that has led to Judge Moore’s conclusion that the Fed. Cir. is “bitterly divided” over the requirements for patent eligibility. Before you read any further, please go back and re-read the posts I did on the earlier panel decision and the opinions accompanying the 6/6 split that denied rehearing en banc. These posts are dated August 3, 10, 11 and 14, 2020.

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Vectura v. GlaxoSmithKline – How to Keep Process Limitations out of Composition Claims

Posted on November 30, 2020 by Warren Woessner

In the recent decision, Vectura Ltd. v. GlaxoSmithKline LLC, Appeal. No. 2020-1054 (Fed. Cir., November 19, 2020), the panel dealt with an appeal by GlaxoSmithKline LLC (“GSK”) from a district court decision that found infringement of Vectura’s claims directed to “composite active particles” of the type used to deliver drugs via dry powder inhalers. Claim 1 of U.S. Pat. No. 8,303,991 reads:

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