Author Archives: Warren Woessner

USPTO Announces Fast-Track Ex Parte Appeals Pilot Program

July 1, 2020 USPTO Press Release: “WASHINGTON — The United States Patent and Trademark Office (USPTO) today announced plans for the Patent Trial and Appeal Board (PTAB) to begin accepting petitions for expedited resolution of ex parte appeals. The ‘Fast-Track … Continue reading

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Biogen v. Mylan: When Does a Specification Fail to Describe a Newly-Presented Claim?

The disclosure requirements that will meet the written description requirement of s. 112(1) had a fairly mundane priority policing role prior to the expansion of the importance of the requirement in the biotech cases leading up to the en banc … Continue reading

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Illumina v. Ariosa – Fed. Cir. Splits a Fine s. 101 Hair

Until I read that another commentator wrote that the split panel decision in Illumina v. Ariosa Diagnostics, Appeal No. 2019-1419 (Fed. Cir., March 17, 2020) struck a hopeful note in the patent eligibility wars, I confess that I had missed … Continue reading

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G S Cleantech Petitions Fed. Cir. for Rehearing En Banc

Before you read this post, please read or re-read my post of March 9, 2020, that summarized the panel decision in some detail. The case involves the district court’s finding of inequitable conduct by both CleanTech and their attorneys via … Continue reading

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