Author Archives: Warren Woessner

Mayo Wins in Another s. 101 Appeal – Discovery of a Useful Natural Correlation is not Patent Eligible

By now, once you see the claim, I would not be surprised if any of my loyal readers could not predict how it would fare at the Fed. Circuit. However, this is a worthwhile decision to review, particularly since the … Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , , , | Leave a comment

Barry v. Medtronic – Be Careful What You Use and Sell!

In my last post, I discussed the Supreme Court’s opinion in Helsinn Healthcare v. Teva Pharms., holding Helsinn’s patent on a drug was invalid on the basis that Helsinn’s semi-secret sale of the drug to a marketing partner triggered the … Continue reading

Posted in 102 Patentability | Tagged , , , , , | Leave a comment

Supreme Court Rules That “Secret Sales” Can Qualify as Prior Art

Pre-AIA, 35 USC 102(b) stated that a person is entitled to a patent unless “the invention was patented or described in a printed publication… or in public use or on sale in the country, more than one year prior to … Continue reading

Posted in America Invents Act, Prior Art | Tagged , , , , , , , | Leave a comment

Knowles and Prosser Posit that the Expansion of s. 101 by the Supreme Court is Unconstitutional

Sherry Knowles (Knowles Intellectual Strategies, LLC) and Anthony Prosser, one of Knowles’ agents have written an engrossing article (18 J. Marshall Rev; Intell. Prop. L. 144 (2018) arguing that the Supreme Court has meandered so far from the statutory language of … Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , , , , , , , | Leave a comment