Author Archives: Warren Woessner

PTO Releases New Guidelines on Subject Matter Eligibility

Posted on October 21, 2019 by Warren Woessner

On Oct. 17th, the PTO published Guidelines intended to supplement the Jan. 2019 Subject Matter Eligibility Guidelines (“2019 PEG”). The Guidelines and associated Examples are extensive. Only two of the Examples (43 and 44) are concerned with the life sciences. … Continue reading →

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OSI v. Apotex – Christmas in October!

Posted on October 11, 2019 by Warren Woessner

In OSI v. Apotex, Appeal no. 2018-1925 (Fed. Cir., October 4, 2019), the panel reversed the PTAB and found that the method of treatment claims in U.S. Pat. No. 6,900,221 were not obvious over a primary reference taken with each … Continue reading →

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Athena’s “Questionable” Petition for Cert.

Posted on October 8, 2019 by Warren Woessner

On October 1st, Athena filed a petition for a writ of certiorari to the Supreme Court following the Fed. Cir.’s fractured denial for its petition for rehearing en banc in Amgen v. Mayo. The original request for rehearing en banc … Continue reading →

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Senate Subcommittee on IP Holds Hearings on SWOT of STRONGER Bill

Posted on September 16, 2019 by Warren Woessner

This bill has been introduced into both houses of Congress in a bipartisan effort to curb the reach of inter partes review (IPR) proceedings and the broad four-factor analysis for injunctive relief set forth by the Supreme Court in eBay … Continue reading →

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