Author Archives: Warren Woessner

USPTO Management Changes – Who’s on First?

Posted on June 9, 2017 by Warren Woessner

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

“TC Heartland” Supreme Court Limits Venue in Patent Suits

Posted on May 27, 2017 by Warren Woessner

Monday, in a unanimous opinion (Goresuch did not participate), the Supreme Court interpreted the patent venue statute (28 USC s. 1400(b)) to require that the phrase “where the defendant resides” be limited to the defendant’s state of incorporation, not to … Continue reading →

Posted in Venue | 1 Comment

IPO, AIPLA and ABA IP Section Propose Legislative Fixes for Section 101

Posted on May 18, 2017 by Warren Woessner

Between February and May of this year, IPO, AIPLA and the ABA IP Section have released proposals for amendments to 35 U.S.C. s. 101 to void the Mayo/Alice Rule and to clarify the definition of an “abstract idea” as it relates … Continue reading →

Posted in Patent Eligible Subject Matter, Patent Reform Legislation | 7 Comments

Fed. Cir. in Helsinn v. Teva Declines Limiting the Requirements of the “On Sale” Bar

Posted on May 4, 2017 by Warren Woessner

In Pfaff v. Wells Electronics, 525 US 55 (1988), the Supreme Court attempted to focus the factors invoking the on-sale bar of s.102, by holding that the claimed invention must both be the subject of a “commercial sale”(including offers for … Continue reading →

Posted in 102 Patentability, Hatch-Waxman, Licensing, Litigation Issues | Leave a comment