Author Archives: Warren Woessner

Vectura v. GlaxoSmithKline – How to Keep Process Limitations out of Composition Claims

In the recent decision, Vectura Ltd. v. GlaxoSmithKline LLC, Appeal. No. 2020-1054 (Fed. Cir., November 19, 2020), the panel dealt with an appeal by GlaxoSmithKline LLC (“GSK”) from a district court decision that found infringement of Vectura’s claims directed to … Continue reading

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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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