Author Archives: Warren Woessner

Athena’s “Questionable” Petition for Cert.

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

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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INO v. Praxair – Method-by-Selection Claims Fail Mayo/Alice Test

In Ino Therapeutics LLC v. Praxair Distrib., Inc., Appeal no.2018-1019 (Fed. Cir., August 27, 2019) a divided Fed. Cir. panel comprising Judges Dyk and Prost, Newman dissenting affirmed a district court decision that a number of INO’s patent claims were … Continue reading

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Nalproprion v. Actavis: WDR met by Substantially Equivalent Claim Elements(?)

In Nalproprion v Actavis, App. No. 2018-1221 (Fed. Cir., August 15, 2019) a divided panel of Judges Prost, Lourie and Wallach – Prost dissenting – affirmed the district court’s ruling that claim 11 of U.S. Pat. No. 8,916,195 met the … Continue reading

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