Tag Archives: Federal Circuit

Nonanalogous Art Lives! In Re Klein

Posted on June 9, 2011 by Warren Woessner

Yesterday, the CAFC decided IN RE ARNOLD G. KLEIN 2010-1411, finding error in the USPTO’s rejection of patent claims based on obviousness, using non-analogous art.  You may find the following useful in your prosecution efforts. (A link to the decision … Continue reading →

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Therasense Makes Sense of Inequitable Conduct Defense

Posted on May 27, 2011 by Warren Woessner

  viagra online canada On May 25th, the Federal Circuit, sitting en banc, issued a decision reversing and remanded the district court’s holding that the patent-in-suit was invalid due to inequitable conduct. (A copy of the decision can be found … Continue reading →

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Supreme Court Denies Cert. In Lilly V. Sun

Posted on May 17, 2011 by Warren Woessner

In my post of May 6, 2011, I discussed the facts in some detail in this controversial Fed. Cir. decision and concluded that the majority of the Fed. Cir. got this one wrong – the court voted 5-4 to deny … Continue reading →

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What Were They Thinking? A Second Look at Lilly v. Sun

Posted on May 6, 2011 by Warren Woessner

As we all learned years ago, when trying to make sense of Lilly v. Barr, if a Fed. Cir. decision wrestles with obviousness-type double patenting, it will be a labor of Hercules to reason it out. But the majority of … Continue reading →

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