Tag Archives: ip

Federal Circuit Mows Down Bean Patent – Reading Between the Rows

On July 10, 2009, the Court of Appeals for the Federal Circuit in In re Pod-Ners, Appeal No. 2008-1492, affirmed the Board’s rejection of all of the claims of U.S. Pat. No. 5,894,079. The Board had rejected as obvious claims … Continue reading

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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

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The Myriad Lawsuit: “Products Of Nature” And “Natural Phenomena” – Turning Back The Clock On Biotech To Erase The Future

On May 12, 2009, a coalition of interested parties, lead by the Association for Molecular Pathology, and including researchers and breast cancer patients, filed suit in the U.S. District Court for the Southern District of New York to invalidate certain … Continue reading

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Ariad: “The Future Ain’t What It Used To Be!” Judge Linn’s Concurrence and the Abuse and Neglect of the Enablement Requirement at the Federal Circuit

In my post of April 13, 2009, I concluded with a brief summary of Judge Linn’s cogent concurrence, and noted that I would revisit it. Judge Linn does not believe that it was ever necessary for the court to graft … Continue reading

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