Author Archives: Warren Woessner

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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XY, LLC v. Trans Ova Genetics, Inc. – Building on Illumina v. Ariosa

In XY v. Trans Ova Genetics, Inc., Appeal No. 2019-1789 (Fed. Cir. July 31, 2020), a panel of Wallach, Plager and Stoll reversed the district court’s finding that claims to an improved method of cell sorting are patent ineligible under … Continue reading

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Fed. Cir. Panel Holds that Judge Dyk Erred in Construction of Antibody Claims

Recently, in the appeal of a noninfringement opinion by Judge Dyk, riding circuit in D. Del., a three Judge panel of Judges Moore, Plager and Wallach held that Judge Dyk erred in his overly narrow construction of the claim terms … Continue reading

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AAM v. Neapco – Part IV – Petition for Rehearing En Banc Denied – “Bad Vibrations”

This post will briefly discuss the Fed. Cir.’s denial of rehearing en banc – which  left the modified panel opinion stand. The lengthy panel opinion has been the subject of my last three posts, and you should read them before … Continue reading

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