Author Archives: Warren Woessner

The Abstract Idea Defense in a Patent Infringement Suit Jumped the Shark in Nike v Puma

Guest Post from Janal Kalis. Nike sued Puma for infringing its fly knit shoes.  Puma filed a motion to dismiss because the patents asserted by Nike are directed to an abstract idea.  As can be seen below, the Nike claims … Continue reading

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New Annual Update: Critical Patent Validity Developments in 2017-2018

This is a guest post from the Chisum Patent Academy. The Academy is pleased to announce the September 2018 publication by Wolters Kluwer Law & Business of the annual Update for Volume I (Patentability and Validity) of the practitioner treatise, … Continue reading

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UCB, Inc. v. Accord Healthcare, Inc. – Can a Racemic Mixture be a “Lead Compound.”

UCB v. Accord, Appeal no. 2016-2610 et al. (Fed. Cir., May 23, 2018) may be headed to the Supreme Court, which prompted me to take another look at this opinion. This was a decision in Hatch-Waxman litigation, in which a … Continue reading

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Phillips Standard of Claim Construction to be Used by PTAB in “AIA Proceedings”

After much deliberation, the USPTO has published a Final Rule mandating that the claim construction standard articulated by the Fed. Cir. in Phillips v. AWH Corp., 415 F.3d 1301 (Fed. Cir. 2005), and used by federal district courts, will replace … Continue reading

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