Author Archives: Warren Woessner

INO v. Praxair – Time for the Supreme Court to Step Up to the Plate?

Before you read this post, please back up and read my post of September 3, 2019 which discusses the Fed. Cir.’s ruling that the claims of U.S. Pat. No. 8,794,742 are patent-ineligible as attempts to claim a natural phenomenon. The … Continue reading

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Samsung v. Prisua – Fed. Cir. Tries to Eliminate IPR Catch-22

The Fed. Cir. panel decision in Samsung Elec. Amer., Inc. v. Prisua Engineering Corp., Appeal No. 2019-1169, 2019-1260 (Fed. Cir., Feb. 4, 2020) flew under my blogging radar for some time, but since Prisua petitioned for rehearing en banc on … Continue reading

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Advocacy vs. Candor Paves the Road to Inequitable Conduct

In GS Cleantech Corp. v. Adkins Energy LLC, the Fed. Cir. upheld a finding of an on-sale bar to patenting and also found that the main prosecuting attorney committed inequitable conduct by providing false or misleading information to the PTO. … Continue reading

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Method of Treatment Efficacy Benchmarks Avoid Inherency Attack

In Galderma Labs. v. Teva Pharm. USA, Inc., Appeal Nos. 2019-2396 and 2020-1213 (Fed. Cir,. January 29, 2020), a Fed. Cir. panel of Judges Moore, O’Malley and Stoll reversed a district court finding that three Galderma patents (US Pat. Nos. … Continue reading

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