Author Archives: Warren Woessner

Ex Parte Patterson: Assay Based on Two “Natural Phenomena” Does Not Equal One “Inventive Concept”

Posted on December 8, 2017 by Warren Woessner

According to the “Mayo/Alice” rule, if a claim is directed to a “natural phenomena” such as the relationship between the a drug’s metabolite concentration following administration of an immunosuppressive drug and the therapeutic window of efficacy of the drug, the claim … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged , , , | Leave a comment

“An Unusual Case” – Promega Corp. v. Life Technologies Corp.

Posted on December 4, 2017 by Warren Woessner

I am going to try to summarize the Fed. Cir.’s holding and reasoning in Promega Corp. v. Life Tech Corp., Appeal No. 2013-1011 et al. (Fed. Cir., November 13, 2017), without burying you in the procedural details, but it won’t … Continue reading →

Posted in Infringement, Litigation Issues | Tagged , , | Leave a comment

Things to be Thankful for in IP Wonderland

Posted on November 23, 2017 by Warren Woessner

Apart from the carnage wrought by the ever-expanding scope of s. 101 rejections and the tightening of the written description requirement, there were still a number of events/trends in 2017 to applaud or at least to note as “worthwhile.” I … Continue reading →

Posted in Sovereign Immunity | Leave a comment

Ali v. Carnegie Institution of Washington – Where Did Ali Go Off the Rails?

Posted on November 9, 2017 by Warren Woessner

In view of the IP hornets’ nest stirred up by Judge Bryson’s ruling in Allergan and the St. Regis Mohawk Tribe v. Teva Pharm. Inc., Case No. 2:15-cv-1455-WCB (E.D. Tex. , Oct. 16, 2017), which may or may not have … Continue reading →

Posted in Claim Interpretation | 4 Comments