Author Archives: Warren Woessner

Ex Parte Young – Expanding the Scope of an “Abstract Idea.”

Posted on August 9, 2018 by Warren Woessner

On July 18th, in appeal no. 2017-007443, the PTAB reversed the Examiner’s rejection to an improved method of manipulating the huge amount of DNA sequence information or “text strings” that are provided by applying the techniques of massively parallel sequencing … Continue reading →

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Interval Licensing v. AOL — Judge Plager’s Concurring Dissent

Posted on July 23, 2018 by Warren Woessner

The majority of the panel in Interval Licensing v AOL, Appeal no. 2016-2502, -05, -06, -07 (Fed. Cir., July 20, 2018) affirmed the district court’s finding that claims 15-18 of U.S. Pat. No. 6,788,314 are invalid as attempting to claim … Continue reading →

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Is Judge Kavenaugh an Enemy of Agency “Chevron Deference”?

Posted on July 12, 2018 by Warren Woessner

Other commentators have noted that they believe that Judge Kavanaugh (“K”) does not like “Chevron deference” of the courts to the interpretation of agency regulations. I skimmed recent decisions and note, that in technical areas, the judge recognized that deference … Continue reading →

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Finjan, Inc. v ESET, LLC: Can Billing Records Evidence Intent Element of Inequitable Conduct?

Posted on June 28, 2018 by Warren Woessner

In an odd Order relating to a discovery request made by ESET for the billing records of plaintiff’s patent attorney, Bey, the Magistrate Judge in Case No. 17CV183 CAB (BGS)(S. D. Cal., June 25, 2018) ordered discovery of “non-privileged” billing … Continue reading →

Posted in Inequitable Conduct/Rule 56 | 1 Comment