Author Archives: Warren Woessner

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

Posted on September 3, 2019 by Warren Woessner

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 →

Posted in Patent Eligible Subject Matter | Tagged Federal Circuit, judge dyk, Judge Newman, Judge Prost | Leave a comment

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

Posted on August 27, 2019 by Warren Woessner

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 →

Posted in Written Description Requirements (WDR) | Tagged Federal Circuit, Judge Lourie, Judge Prost, Judge Wallach, Written Description Requirements | Leave a comment

Genotyping Patent Claims Do Not Escape The Reach of s. 101

Posted on August 12, 2019 by Warren Woessner

In Genetic Veterinary Sciences, Inc. v. Laboklin GMBH & Co., the University of Berlin, App. No. 2018-1565 (Fed. Cir., Aug. 9, 2019), a Fed. Cir. panel affirmed the district court’s JMOL ruling that the claims of the University’s U.S. Pat. … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged Federal Circuit, Patent Law, patents | Leave a comment

USPTO Proposes Fee Increases Across the Board

Posted on August 2, 2019 by Warren Woessner

Predictably, the USPTO has proposed increasing fees for about every piece of “paper” they receive/require. While most of the increases are in the 5-10% range for routine prep/pros matter, some of the increases are much larger. These often seem strategic, … Continue reading →