Author Archives: Warren Woessner

Speed Licensing Lessons From “Shark Tank”

This ABC semi-reality show broadcast its season closer a few weeks ago, but a recent note in the AARP magazine on one of the “Sharks,” Barbara Corcoran, a real estate mogul from NYC, got me thinking about the show again.  … Continue reading

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Do You Have Anything To Prove? Frye Fries A Half-Baked Standard

The recent precedential decision, Ex parte Frye, Appeal No. 2009-006013 (Bd. App. 2010) reversed the Examiner’s rejection of a claim to a shoe. More importantly, the Board emphasized that the Board on appeal “reviews the particular finding(s) contested by an appellant … Continue reading

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ARIAD v. LILLY – A Modest Proposal – Should Screening be Enough?

As the Fed. Cir. prepares to issue an en banc opinion on the existence and role of the written description requirement in section 112, it seems like a time for reflection. After taking the position that enablement should suffice for … Continue reading

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Hearing fixed for “Broccoli” and “Tomatoes” cases before the EPO Enlarged Board of Appeal, G 0002/07 and G 0001/08

Post from Paul Cole The EPC prohibits patents for essentially biological processes and the referred questions relate to the degree and nature of human technical intervention, which is necessary for that provision not to apply.  Case G 0002/07 “Broccoli” concerns EP-B-1 … Continue reading

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