Tag Archives: intellectual property

Board Decision in Ex Parte Roberts Doesn’t Make the Cut

This 2008 pre-Bilski decision is of interest since the Board purportedly applied the Diamond v Diehr “standard” – “[t}ransformation and reduction of an article ‘to a different state or thing’ is the clue to the patentability of a process claim … Continue reading

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COURT “CUSSES OUT” SANOFI – HOLDS OXALIPLATIN PATENT NOT INFRINGED

For some years, Tom Irving of Finnegan Farabow, et al. has been giving a very amusing, but increasingly serious, talk about the dangers of what he calls “Patent Profanity.” The version I heard in May was, “Patently Profane at You … Continue reading

Posted in Prosecution History Estopped | Tagged , , , , , , | 1 Comment

NATURE/BIOTECHNOLOGY SUMMARIZES ARIAD DECISION

A recent article by Ken Garber in Nature/Biotechnology, 27, 494 (June 2009) summarizes the recent Federal Circuit decision invalidating the claims-in-suit in Ariad v. Lilly for failure to meet the WDR. (See my post of April 13, 2009 “Federal Circuit … Continue reading

Posted in Written Description Requirements (WDR) | Tagged , , , , , , , , , , , , | Leave a comment

ABBOTT LABS. v. SANDOZ, INC. – ONE RULE FITS ALL?

Or “what’s sauce for the goose is sauce for the gander”? Posts and pens have been busy reporting that the Federal Circuit, en banc, overruled Scripps v. Genentech, and ended the debate over whether a product-by-process claims should be construed … Continue reading

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