Tag Archives: Federal Circuit

Guessing Right Is Not Sufficient — The Ghost Of Rasmusson Walks Among Us!

Posted on September 29, 2009 by Warren Woessner

Rasmussen v. SmithKline Beecham Corp., 413 F.3d 1318 (Fed. Cir. 2005) (link below) was a truly scary decision that many of us practitioners hoped would be ignored by future Fed. Cir. panels as an aberration brought on by over-extensive prosecution, … Continue reading →

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Does a Slideshow Show Too Much? In re Klopfenstein Revisited

Posted on September 25, 2009 by Warren Woessner

In re Lister, the Federal Circuit repeatedly cited In re Klopfenstein, 380 F.3d 1345 (Fed. Cir. 2004) (link below), a decision that held that a poster presentation that was available for viewing at a meeting for 2-3 days was a … Continue reading →

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Fed. Cir. Tees Off On Board's Evidence of Timing of Publication

Posted on September 24, 2009 by Warren Woessner

ln re Lister, appeal no. 2009-1060 (Fed. Cir, Sept. 22, 2009) (link at bottom) the panel found that a manuscript by the inventor, “Advanced Handicap Alternatives for Golf” which he had sent into the Copyright Office some time prior to … Continue reading →

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Federal Circuit Reverses District Court in Prometheus v. Mayo

Posted on September 16, 2009 by Warren Woessner

On September 16, 2009, the Federal Circuit reversed the holding of the district court that a process for monitoring and adjusting a method of medical treatment was unpatentable as attempting to claim non-statutory subject matter (Prometheus Labs., Inc. v. Mayo … Continue reading →

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