Tag Archives: patents

Ohio Willow Wood Co. v. Alps South, LLC – Inequitable Conduct Lives!

In October, I spoke at AIPLA with James Carmichael, who used to head up the “Fraud Squad” at the PTO. He noted that there had only been three Fed. Cir. decisions upholding findings of inequitable conduct (IC) since Therasense, two … Continue reading

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Sanofi-Aventis v. Pfizer – Possession and Appreciation Trump Structure

On Tuesday, the Fed. Cir. affirmed a finding by the Board that Pfizer was entitled to an earlier priority date for a claim to  cDNA encoding the IL-13 receptor protein (Sanofi-Aventis v. Pfizer, Inc., App. No. 2012-1345 (Fed. Cir. November … Continue reading

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Synthes v. Spinal Kinetics – When “Structure” is Not Enough

  A guest post from Domenico Ippolito of Schwegman Lundberg & Woessner, P.A. Synthes USA, LLC v. Spinal Kinetics, Inc., 2013-1047, -1059, (Fed.Cir. Oct 29, 2013) concerns a medical device patent, but addresses issues common to all patents.  The primary … Continue reading

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Novozymes Loses “Possession” Of Its Enzyme

I am not sure how I missed this decision, which came down on July 22nd, but it offers a rather scary hi-def picture as to where the written description requirement of s. 112 has been and where it is headed. … Continue reading

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