Author Archives: Warren Woessner

Ex Parte Buck: Can a Composition Claim be a Natural Phenomenon?

In a recent decision, Ex Parte Buck, Appeal no. 2017-005470 (PTAB, April 20, 2018), the Board affirmed the examiner’s ruling that a composition claim reciting two natural products was patent-ineligible as an attempt to claim a natural phenomenon: 7. A … Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , | 1 Comment

Upcoming Webinar: Top 5 Court Decisions Impacting Future IP Litigation

Within the last few years, the Federal Circuit and Supreme Court have handed down decisions that altered the landscape of both patent prosecution and enforcement, ranging from venue and attorneys’ fees to the standards for obviousness and patent eligibility. Please … Continue reading

Posted in Webinar | Tagged , , , , , , | 1 Comment

Fed. Cir. Affirms Unclean Hands Defense in Gilead v. Merck

On April 25th, a Fed. Cir. panel of Judges Taranto, Clevenger and Chen affirmed the unenforceability of two Merck patents covering a drug presently marketed as Sovaldi(r) to treat hepatitis C, sofosbuvir. Gilead Sciences, Inc. v. Merck & Co., Appeal … Continue reading

Posted in Inequitable Conduct/Rule 56 | Tagged , , , , , , | 1 Comment

Supreme Court Decides Oil States – Inter Partes Review Does Not Violate Article III or the 7th Amendment

The Supreme Court issued its long-awaited opinion in Oil States Energy Services v. Greene’s Energy Group, Appeal No. 16-712 (April 24, 2018), holding 7/2 that inter parties review was an appropriate exercise of the power of Congress to assign adjudication … Continue reading

Posted in Inter Partes Review | Tagged , , , , | 1 Comment