Means Plus Function Treatment Does not Apply Where Claim Element Conveys...
The Federal Circuit in Enocean GmbH v. Face International Corporation No. 2012-1645 (Fed. Cir. Jan. 31, 2014) reviewed claims which were found by the U.S. Patent and Trademark Office, Board of Patent...
View ArticleMayo, Myriad, and Multi-factor balancing tests
Updated subject matter eligibility guidance from the USPTO On the same day that the Supreme Court’s opinion was handed down in Assoc. for Mol. Pathology v. Myriad Genetics, 133 S. Ct. 2107 (2013), the...
View ArticleAt Harness Dickey’s Urging, the Supreme Court Made it Easier to Get...
Harness Dickey secured a landmark ruling for its client Octane Fitness, in a decision issued Tuesday by the United States Supreme Court that alters the legal standard for awarding attorney’s fees in...
View ArticleAll We Like Sheep Have Gone Astray
The CAFC extends Myriad beyond DNA claims Much ink has recently been spilled arguing that the PTO’s new guidelines go further than they should, and that Myriad’s reasoning should not be applied to...
View ArticleAn Unsuccessful Reach for the STELARA, Written description of generic...
AbbVie owns US 6,914,128 (’128), which covers a variety of anti-IL12 monoclonal antibodies. AbbVie markets an anti-IL12 monoclonal (viz. Humira®) as a treatment for a variety of auto-immune disorders,...
View ArticleSupreme Court Endorses De Novo Review of Claim Construction, But Holds that...
Background: Patent claim construction findings are a key aspect to patent infringement cases. Previously, the Federal Circuit reviewed the entire claim construction issue, including any subsidiary...
View ArticleNavigating the USPTO Subject Matter Eligibility Guidance For Computer-related...
On 16 December 2014, the USPTO issued revised subject matter eligibility Guidance. On 27 January 2015, the USPTO issued “abstract idea” computer-related invention examples of eligible and ineligible...
View ArticleGoing All In
Functional limitations and Senju Pharm. v. Lupin Pharm. Last year in Senju Pharma. v. Apotex Inc., 746 F.3d 1344 (Fed. Cir. 2014), Senju and Allergan were blocked from suing Apotex on a re-examined set...
View ArticleFurther Guidance from the PTO
And yet diagnostic methods are still wandering in the wilderness… The PTO has issued yet another revision of its Subject Matter Eligibility Guidance for Examiners. The first of these Guidance documents...
View ArticleFarewell the ten sequences rule. The new MPEP disposes of the old §803.04 rule.
The latest MPEP revisions make a variety of changes. Most of the attention has focused on changes to examination procedures for 35 U.S.C. §101, for the obvious reason that this is an aspect of the law...
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