Author Archives: Warren Woessner

Strathclyde v. Clear-Vu – A Class in Obviousness

In fact, it was Clear-Vu that got “schooled” in the law of obviousness, but this case would be a good teaching—or review—article for anyone on this subject. I admit, it was refreshing to re-read some of the classic quotes from … Continue reading

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Inequitable Conduct Lives! Therasense Update and Refresher

On November 3 at 12:30 EST, I will be participating in an AIPLA webinar with Prof. David Hricik (Mercer College of Law) and William Covey, Director of the OED at the USPTO. We will present: Inequitable Conduct Lives! This presentation … Continue reading

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CareDx v. Natera – Are Processing Steps Known to the Art Always “Conventional”?

In CareDx (Stanford U.) v. Natera Civ. Action No. 19-0567-CFC-CJB Consolidated (Sept. 28, 2021, D. Delaware), Judge Connolly ruled that the diagnostic method claimed in U. S. Pat. No. 8,703,652 and two others was a patent-ineligible natural phenomenon. The method … Continue reading

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Belcher v. Hospira – Inequitable Conduct is Still in Your Invalidity Toolbox

Ever since Therasense made it more difficult to plea and prove inequitable conduct (IC), I feel that practitioners and litigators have pushed this defense to patent infringement out of the front lines of infringement attacks. In fact, I know of … Continue reading

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