Author Archives: Warren Woessner

Things to be Thankful for in IP Wonderland

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?

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

In re Smith, International, Inc. – What’s a “Body” to Do?

In re Smith, International, Inc., Appeal no. 2016-2303 (Fed. Cir., Sept. 16, 2017)(”Smith”), the Fed. Cir. reversed the PTAB (that had affirmed the Examiner’s rejection of the claims) on the basis that the Board had subjected an element in Smith’s … Continue reading

Posted in Inter Partes Review | Leave a comment

Amgen v. Sanofi – Invalidation Without Representation?

The End of the “Newly Characterized Antigen” Rule for Antibody Claims In Amgen, Inc. v. Sanofi, Appeal no. 2017-1480 (Fed. Cir., Oct. 5, 2017) the Fed. Cir. panel reversed the district court’s finding that Amgen antibody patents 8,289,165 and 8859741 … Continue reading

Posted in Written Description Requirements (WDR) | Leave a comment