Tag Archives: Federal Circuit

A Look Back at the Roots of the Thorny WDR Problem

As the date for oral argument looms in Ariad v. Lilly, as does an en banc decision as to the existence and/or the role of the written description requirement (WDR) in Section 112, I thought it would be worthwhile to … Continue reading

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TALKING WRITTEN DESCRIPTION REQUIREMENT BLUES – ARIAD WOBBLES

On October 5, 2009, Ariad filed a 60 page brief (not counting attached appendices) with the Federal Circuit in support of its appeal in Ariad v. Lilly. (Attached below.) As you will recall from my post of August 24th, the … Continue reading

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Director Kappos Kills Prosecution Regulations Package

Two years of fear and loathing have ended, as the USPTO has announced that it is rescinding the “Continuations” and “Claims” rules that have been hanging over the heads of practitioners, and will move to dismiss/vacate the pending lawsuit over … Continue reading

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Hal Wegner Wakes Up ACI Biotech Patents Forum in Boston

On Sept. 30th, Harold C. (Hal) Wegner gave a talk on current developments that emphasized the importance of inter partes reexamination, particularly as a weapon of patent destruction. His opinion, summarized by me, is that KSR is increasingly being applied … Continue reading

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