Tag Archives: Federal Circuit

AMP Petitions for Cert. and A Look Back

Posted on December 16, 2011 by Warren Woessner

The Association for Molecular Pathology (AMP) has petitioned the Supreme Court to review the Fed. Cir.’s opinion of July 29th, that isolated BRCA DNA sequences are patentable subject matter. Its brief (a copy available at the end of this post) … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

Oral Argument in Mayo v. Prometheus – Why Mayo Will Lose

Posted on December 9, 2011 by Warren Woessner

On December 7th at 10:05 a.m., the Supreme Court heard oral arguments (transcript at end of this post) in the “Prometheus case,” presented by Stephen M. Shapiro of Meyer Brown (Mayo) and Richard P. Bess of Latham & Watkins. Solicitor … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged , , , , , , , , , | 1 Comment

BIO’s Modest Proposal – Eliminate Rule 56

Posted on December 7, 2011 by Warren Woessner

BIO recently sent Director Kappos 13 pages of comments on the PTO’s proposed revisions to 37 C.F.R. §1.56(b). (A copy of the comments is available at the end of this post.) BIO clearly is struggling to reconcile the differing views  … Continue reading →

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Powell v. Home Depot – False Petition Not “Egregious Misconduct”

Posted on November 15, 2011 by Warren Woessner

In Therasense, the Fed. Cir. held that inequitable conduct can be based on non-prior art misconduct, which was characterized as an exception to the “but-for” rule of materiality set out in the decision. This seemed to me to be a … Continue reading →

Posted in Inequitable Conduct/Rule 56 | Tagged , , , , | 2 Comments