Author Archives: Warren Woessner

Hulu v. Soundview Innovations – the Shifting Sands of Printed Publications

In Hulu v Soundview Innovations, IPR2018-01039, the PTAB was faced with the question of whether or not a certain textbook was a “printed publication” that was “publicly available” and so qualified as prior art against U.S. Pat. No. 5,806,062 – … Continue reading

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Solicitor General’s Briefs Encourage Supreme Court to Put s. 101 Back on Track

Earlier this year, the Supreme Court issued orders to the Solicitor General to weigh in on whether or not the Court should grant cert. in two high profile Fed. Cir. decisions: Hikma Pharm. USA Inc, v. Vanda Pharm. Inc., No. … Continue reading

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Nuvo Pharms. v. Dr. Reddy’s Labs. – Catch 22 at the Federal Circuit?

A “catch 22” is defined as a “dilemma or difficult circumstance from which there is no escape because of mutually conflicting or dependent conditions.” (As in if a pilot claims he is too mentally ill to fly missions, he has … Continue reading

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Federal Circuit Rules that PTAB Judges are Unconstitutionally Appointed

In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., Oct. 31, 2019), a three Judge Fed. Cir. panel of Moore, Reyna and Chen took a deep dive into the appointments clause of the constitution and held … Continue reading

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