Author Archives: Warren Woessner

Just When You Thought Things Couldn’t Get Worse Via The Application Of 101

On Friday, in Cleveland Clinic Foundation v. True Health Diagnostics, Appeal no. 2016-1766 (Fed. Cir., June 16, 2017), a Fed. Cir. panels of Judges Lourie, Reyna and Wallach (Reyna writing) held that claims to a method of assessing a test … Continue reading

Posted in Patent Eligible Subject Matter | 2 Comments

Exhausted by Exhaustion: Impression Products v. Lexmark

Please revisit Don Chisum’s and Janice Mueller’s comments on Impression Products v. Lexmark, No. 151189 (S. Ct. May 30, 2017), in which the Court held that a seller of a patented printer cartridge had exhausted its patent rights, so that … Continue reading

Posted in Govt Policy/PTO Policy, Litigation Issues | Leave a comment

Chisum Patent Academy – Commentary on Impression Products v Lexmark International

This is a repost of commentary by Donald Chisum and Janice Muller of Chisum Patent Academy. In Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189, — S. Ct. —-, 2017 WL 2322830 (May 30, 2017), the Court, in an opinion … Continue reading

Posted in Exhaustion of Rights | Leave a comment

USPTO Management Changes – Who’s on First?

After USPTO Director Michelle Lee resigned quite suddenly on Tuesday, rumors and speculation have been the only constant. Early speculators bet that Drew Hirschfeld, current Commissioner of Patents, would get the job. (He is best known to me as the … Continue reading

Posted in USPTO Practice and Policy | Leave a comment