Author Archives: Warren Woessner

Senator Leahy Urges NIH to Exercise “March-in” Rights on Myriad’s Tests

The Bayh-Dole Act of 1980 grants universities the right to elect to take title in any patent application and patent that was made by their researchers with the support of the Government, e.g., NIH. 35 USC s. 200 et seq. This … Continue reading

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Patentability Issues for Plants in the EPO

While this decision from the EPO Technical Board of Appeal raises more questions than it answers, it does a very good job of framing the issues and uncertainty regarding the patentability of plants in the EPO. The claim was to … Continue reading

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Myriad Brings Out Its “Reserve Claims” To Challenge Ambry

In my post on this blog of June 17th, I speculated that the positive comments by the Supreme Court in the Myriad decision about the patent-eligibility of claims directed to new applications of natural products (like the BRCA genes) would … Continue reading

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Wyeth v. Abbott Labs. – Picking Plaintiff’s Poison

In July of 2011, I wrote a post for this blog on BSC v. J&J, a Fed. Cir. decision in which four J&J patents claiming stents eluting rapamycin, a drug that inhibits restenosis after balloon angioplasty, were held invalid for … Continue reading

Posted in Enablement, Written Description Requirements (WDR) | Tagged , , , , , , , , , , | 1 Comment