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Eminent patent attorney Warren Woessner shares his thoughts on all things Biotechnology Patent Law.
Patents4Life
1M ago
In February, the PTO released “Inventorship Guidance for AI-assisted Inventions (899 C.F.R. 10043) and noted that the Office will issue examples to assist in the examination of applications in accord with this Guidance. I recently finished reading and annotating the …
The post Patent Office Releases Role of AI in Inventorship Determinations appeared first on Patents4Life ..read more
Patents4Life
2M ago
On January 23, the Subcommittee on Intellectual Property held a hearing in which the members of the committee heard testimony about the Patent Eligibility Restoration Act (PERA) introduced by Senators Coons and Tillis. I have considered case law directed to …
The post Is the Patent Eligibility Act a Panacea for Claims to Diagnostics? appeared first on Patents4Life ..read more
Patents4Life
3M ago
This post could have been “The Revival of the March-In Rights of the Bayh-Dole Act.” The passage of the Bayh-Dole Act in 1980 permitted universities to take title to inventions made with federal funding and grant licenses to commercial entities. …
The post Federal March-In Rights Meet Clawbacks – The Future of 35 USC ss. 200-212 appeared first on Patents4Life ..read more
Patents4Life
6M ago
So that I don’t have to explain the claims and the arguments presented by the parties, please read my posts on the Supreme Court’s opinion on Amgen v. Sanofi on May 22, 2023 and the Fed. Cir.’s opinion on February …
The post The Tyranny Of Large Numbers: Their Grip on s. 102 Inquiries appeared first on Patents4Life ..read more
Patents4Life
10M ago
On June 22, Senator Chris Coons, along with Thom Tillis introduced the “Patent Eligibility Restoration Act of 2023” (hereinafter “the Act”) to amend 35 USC s. 101 to clarify the scope of patent-eligible subject matter. Section 100 would be amended …
The post Does the “Patent Eligibility Restoration Act of 2023” Revive Diagnostic Claims? appeared first on Patents4Life ..read more
Patents4Life
1y ago
On August 26th, Modernatx, Inc. and Moderna US, Inc. sued Pfizer and Biontech SE, (Case 1:22-cv-11378 [D. Mass.]) for treble damages and attorney’s fees related to the alleged direct or indirect infringement of three of Moderna’s patents with claims directed …
The post Moderna to Pfizer: “The Pandemic is Over” appeared first on Patents4Life ..read more
Patents4Life
1y ago
This recently introduced bill would replace section 101 with a lot of text. The commentators are all commentating, but I have yet to read whether or not the “outlaw” status of claims to diagnostic methods—led by varying interpretations of Mayo …
The post Tillis Bill Tries to Fix Section 101 appeared first on Patents4Life ..read more
Patents4Life
1y ago
In CareDx v Natera, Appeal No. 2022-1027, (Fed. Cir., July 18, 2022), a three judge panel of Judges Lourie, Bryson and Hughes, affirmed the district court’s finding that the claims of U. S. patent nos. 8703652, 9845497 and 10329607 are …
The post CareDx v. Natera – The Broad Road to Patent Ineligibility appeared first on Patents4Life ..read more
Patents4Life
1y ago
We are very pleased to announce that Drew Hirshfeld will be joining SLW on June 27 as a Principal. Drew has been a long-tenured employee of the United States Patent and Trademark Office (USPTO), and was named one of Managing IP’s Top 50 Most Influential People …
The post Former USPTO Official Drew Hirshfeld Joins Schwegman Lundberg & Woessner as Principal appeared first on Patents4Life ..read more
Patents4Life
1y ago
To save me a lot of typing, please read my post of January 10, 2022, summarizing the first Panel’s holding in Novartis Pharmaceutical v Accord Healthcare, Inc., 21 F.4th 1362 (Fed. Cir., 2022). The panel in that decision was Judges …
The post Novartis v. Accord Redux – Panel 2 Reverses Panel 1 appeared first on Patents4Life ..read more