Author Archives: Warren Woessner

C. R. Bard v. Angiodynamics – It’s a Labelled Injection Port, not a Label

The recent decision in C. R. Bard, Inc. v. Angiodynamics Inc., Appeal nos. 2019-1756 and 2019-1934 (Fed. Cir., November 10, 2020) is an example of a bad doctrine, patent eligibility, gone rogue. The panel’s ultimate decision that the claimed invention … Continue reading

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Immunex v. Sanofi-Aventis – The “Mystery Dance” of Claim Construction

In “Mystery Dance”, Elvis Costello  moans that he’s “tried and I’ve tried, and I’m still mystified” about the “Mystery Dance”, which probably has something to do about romance, but could easily describe the state of the relationship between appeals from … Continue reading

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Biogen v. EMD Serono – “A Nest of Limitations”

By now, other commentators have posted on this Fed. Cir. decision (Appeal no. 2019 -1133, Sept. 28, 2020)—and found it to be a routine reversal of a district court’s relying on “source limitations” to find claims to a recombinant IFN-B … Continue reading

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USPTO Announces Program to Eliminate Filing Fees in Exchange for Early Publication of COVID-19 Applications

Since all the other commentators are posting about this Notification, I thought I should say a few words as well. The USPTO will eliminate the filing fees for applicants who agree to publish their COVID-19-related provisional applications in a PTO-managed … Continue reading

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