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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.
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Warren D. Woessner
Category Archives: Section 103
OSI v. Apotex – Christmas in October!
In OSI v. Apotex, Appeal no. 2018-1925 (Fed. Cir., October 4, 2019), the panel reversed the PTAB and found that the method of treatment claims in U.S. Pat. No. 6,900,221 were not obvious over a primary reference taken with each … Continue reading
Posted in Obviousness, Section 103 Tagged Obviousness, s. 103 Leave a comment
Is the “Blocking Patent” Doctrine Part of the Obviousness Analysis?
Last year, in a lengthy split decision, a Fed. Cir. panel affirmed the district court’s ruling that four “add-on” patents that Acorda owned were invalid as obviousness in view of a number of prior art references (Acorda Ther., Inc. v. … Continue reading
Posted in Section 103 Tagged Acorda Therapeutics, Ampyra, FDA, Hatch-Waxman, judge dyk, Judge Taranto, Merck v Teva, Roxanne Labs, Supreme Court Leave a comment
Ex parte Parenteau – PTAB Skips Step One of the Mayo/Alice Test?
In ex parte Ho, the subject of my last post, the PTAB reversed the Examiner’s rejection of claims to a population of bone marrow cells obtained by two-stage culturing that expressed or failed to express certain markers. The PTAB wrote … Continue reading
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
Posted in PTAB, Section 103 Tagged Ex Parte, Ex Parte Galloway, MCM2, PTAB Leave a comment