Tag Archives: Patent Law

A “Myriad” Of Questions To Resolve? Back To The Basics Of 101

Thinking about Judge Sweet’s recent decision in Ass’n of Molecular Pathologists v. USPTO et al. (The “Myriad Decision”), I am again struck by the wide path the good judge slashed through the field (or is it the jungle now) of … Continue reading

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Director Kappos Comments on Ariad v. Lilly

USPTO David Kappos recently posted a comment on the Fed. Cir. decision in Ariad v. Lilly in which he noted that the Fed. Cir. held that broad functional claims (presumably mechanism-of-action claims) must be supported by sufficient species (read “working examples”). While … Continue reading

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Therasense To Be Re-Heard En Banc – “I Feel Your Pain”

Monday’s decision by the Federal Circuit to vacate the split panel decision in Therasense, Inc. v. Becton Dickinson & Co., 593 F.3d 1289 (Fed. Cir. 2010) (link at end of post) and rehear the case en banc makes it impossible for … Continue reading

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The Return Of The Magnificent Prosecution Specialists Or Just More “QA”?

The USPTO recently announced the creation of an ombudsman program to resolve applicant/examiner logjams in all of the Tech Centers. This is a move that the Office (and practitioners) have needed badly for a number of years, ever since the … Continue reading

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