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Certified Licensing Professionals, Inc., 2021 
Disclaimer
This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.
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Warren D. Woessner
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Author Archives: Warren Woessner
Is the “Blocking Patent” Doctrine Part of the Obviousness Analysis?
Last year, in a lengthy split decision, a Fed. Cir. panel affirmed the district court’s ruling that four “add-on” patents that Acorda owned were invalid as obviousness in view of a number of prior art references (Acorda Ther., Inc. v. … Continue reading
Posted in Section 103
Tagged Acorda Therapeutics, Ampyra, FDA, Hatch-Waxman, judge dyk, Judge Taranto, Merck v Teva, Roxanne Labs, Supreme Court
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Athena III – Should the Discovery of a Naturally-Occurring Correlation Encompass Recognition of its Practical Utility?
The origin of the idea that natural phenomena, like the law of gravity, cannot be patented, even by their discoverer, is well-settled law. In Gottschalk v. Benson, the Supreme Court stated, in dictum: “Phenomena of nature, though just discovered, mental … Continue reading
Senate Committee Releases Outline for Section 101 Reform
On April 18th, the Senate Judiciary Subcommittee on Intellectual Property released a “Draft Outline of Section 101 Reform” that is intended to provide the basis of legislative amendments to the requirements for patent reform. Apart from the proposal to effectively … Continue reading
Athena’s Petition for Rehearing En Banc – Not All Diagnostic Claims are Equal Under s. 101
In my last post on s. 101, discussing “Cleveland Clinic II” I asked, “Why can’t a diagnostic conclusion be a practical application of a natural law?” and rhetorically answered: “Because the Federal Circuit says it can’t.” In Cleveland Clinic I … Continue reading
Posted in Patent Eligible Subject Matter
Tagged Athena Diagnostics, Cleveland Clinic, CVD, Judge Newman, Mayo, MPO, MuSK, s. 101
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