Author Archives: Warren Woessner

Highlights of the April 2018 Annual Update

The following are highlights of the April 2018 Annual Update from Don Chisum and Janice Mueller at the Chisum Patent Academy. • Heavily expanded analysis of the patent-specific venue statute, 28 U.S.C. §1400(b), revitalized after 27 years of dormancy by … Continue reading

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In re Urvashi Bhagat – The Slippery Slope of Natural Product Claims

I will start out by recommending that you read all of MPEP 2106 – Patent Subject Matter Eligibility. I rarely admire PTO policy rules and guidelines, but this section reflects a lot of work, particularly in the standards for evaluating … Continue reading

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Exergen Corp. v. Kaz USA, Inc. – A Crack in the Patent Eligibility of Diagnostic Claims?

In Exergen Corp. v. Kaz USA, Inc., Appeal No. 2016-2315, 2016-2341 (Fed. Cir., March 8, 2018) (Non-precedential). A panel of Moore, Bryson and Hughes (Hughes dissenting), upheld a district court decision, following trial, that claims to a method of measuring … Continue reading

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A Vibration Dampener Fails Mayo/Alice Test in D. Delaware – Is the Decision as Shaky as it Seems?

This is a guest post from Gregory Stark, a Principal of Schwegman Lundberg & Woessner. The Vibration Dampener decision is not as bad as the headline might suggest, the claims are very broad method of manufacturing claims.  Accordingly, the claims … Continue reading

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