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This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.
Category Archives: PTAB
Federal Circuit Rules that PTAB Judges are Unconstitutionally Appointed
In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., Oct. 31, 2019), a three Judge Fed. Cir. panel of Moore, Reyna and Chen took a deep dive into the appointments clause of the constitution and held … Continue reading
Phillips Standard of Claim Construction to be Used by PTAB in “AIA Proceedings”
After much deliberation, the USPTO has published a Final Rule mandating that the claim construction standard articulated by the Fed. Cir. in Phillips v. AWH Corp., 415 F.3d 1301 (Fed. Cir. 2005), and used by federal district courts, will replace … Continue reading
Posted in PTAB
Tagged AIA, BRI, Federal Circuit, Final Rule, Phillips Standard, Phillips v. AWH Corp., PTAB, USPTO, Warren Woessner
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Ex Parte Young – Expanding the Scope of an “Abstract Idea.”
On July 18th, in appeal no. 2017-007443, the PTAB reversed the Examiner’s rejection to an improved method of manipulating the huge amount of DNA sequence information or “text strings” that are provided by applying the techniques of massively parallel sequencing … Continue reading
Posted in PTAB
Tagged Berkheimer v. HP, DNA Sequencing, Ex Parte Young, Mayo/Alice, MPS, PCR, PTAB, Warren Woessner
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Ex Parte Galloway – Berkheimer Meet s. 103 Part II
In Ex parte Galloway, Appeal No. 2017-004696 (PTAB, May 24, 2018), the Board reversed the examiner’s rejections of claims to a method of diagnosing bladder cancer. The method comprised isolating cells from the urine of a subject, dispersing at least … Continue reading