Tag Archives: PTAB

Cutting Through the Patent Thicket – The Little Bill that Couldn’t

Posted on June 18, 2019 by Warren Woessner

A bill was recently proposed to “reduce the improper issuance of patents that improperly extend the term of exclusivity afforded a new drug or biological product.” The bill would amend the patent statutes (s. 253 or title 35) for add … Continue reading →

Posted in Drug Patent Term | Tagged Drug Patent Term, Federal Circuit, Generic Drugs, Hatch-Waxman, orange book, PTAB | Leave a comment

Ex parte Hazokaki – Big Data Correlations in Abstract Idea “Clothing”

Posted on March 25, 2019 by Warren Woessner

In earlier posts, I discussed at least one group of claims directed to the difficulties in claiming manipulations of “big data.” In ex parte Hazokaki, Appeal 2018-003293 (PTAB, Feb. 5, 2019), the Examiner and the Board were confronted with claims … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged Berkheimer, ex parte Hazokaki, peturbagen, PTAB | Leave a comment

Yeda Res. and Dev. v. Mylan – “We don’t need no Stinkin’ Prior Art”

Posted on October 18, 2018 by Warren Woessner

The quote is from “Treasure of the Sierra Madre” when a bandido leader is trying to convince Bogart that his gang are Federales, and Bogie asks to see their badges. In the context of Yeda Res. and Dev. v. Mylan, … Continue reading →

Posted in Prior Art | Tagged Federal Circuit, KSR, MPEP, Mylan, Obviousness, PTAB, Warren Woessner, Yeda | Leave a comment

Phillips Standard of Claim Construction to be Used by PTAB in “AIA Proceedings”

Posted on October 11, 2018 by Warren Woessner

After much deliberation, the USPTO has published a Final Rule mandating that the claim construction standard articulated by the Fed. Cir. in Phillips v. AWH Corp., 415 F.3d 1301 (Fed. Cir. 2005), and used by federal district courts, will replace … Continue reading →