Author Archives: Warren Woessner

Cleveland Clinic – Time to Purport an Inventive Concept in a Diagnostic Invention?

As an introduction to this topic, please reread my post of July 5, 2017 about The Cleveland Clinic v. True Health Diagnostics, subtitled “Time to Redefine ‘Inventive Concept’”? The claim were directed to diagnosing the presence of cardiovascular disease (CAD) … Continue reading

Posted in Patent Eligible Subject Matter | 1 Comment

Do You Really Want to File for Pharma Patent Protection in Canada, India or Ecuador?

IPO Letter Reports Weaknesses in IP Protection Around the World In a 27 page letter dated February 8, 2018 and sent to Sue Chang at the Office of the U.S. Trade Representative, the Executive Director of IPO, Mark Lauroesch, extensively … Continue reading

Posted in Govt Policy/PTO Policy, Int'l Practice and Policy, Non-U.S. Practice | Tagged , , | 1 Comment

Chinese Team Reports Cloning Two Monkeys Using the Same Nuclear Donor – But Don’t Try to Patent Them!

On January 25, a team at the Chinese Academy of Sciences published an online paper that will appear in Cell, 172, 1-7 (Feb. 8, 2018) reported the cloning of two Macaque Monkeys by Somatic Cell Nuclear Transfer. While non-primate animals such … Continue reading

Posted in Patent Eligible Subject Matter, Stem Cells/Cloning | Leave a comment

Aptalis Fails to “Surround’ Apotex’s Generic ER Tablet

Although non-precedential, Aptalis Pharmatech, Inc. v. Apotex, Inc., Appeal No. 2017-1344 (Fed. Cir., January 4, 2018) provides a useful outline of Phillips-type claim construction and requires a close reading to see why the infringement finding by the district court was … Continue reading

Posted in Claim Interpretation | Tagged , , , | Leave a comment