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Other commentators have noted that they believe that Judge Kavanaugh (“K”) does not like “Chevron deference” of the courts to the interpretation of agency regulations. I skimmed recent decisions and note, that in technical areas, the judge recognized that deference …

The post Is Judge Kavenaugh an Enemy of Agency “Chevron Defence”? appeared first on Patents4LifeWarren Woessner.

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In an odd Order relating to a discovery request made by ESET for the billing records of plaintiff’s patent attorney, Bey, the Magistrate Judge in Case No. 17CV183 CAB (BGS)(S. D. Cal., June 25, 2018) ordered discovery of “non-privileged” billing …

The post Finjan, Inc. v ESET, LLC: Can Billing Records Evidence Intent Element of Inequitable Conduct? appeared first on Patents4LifeWarren Woessner.

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Section 271(f)(2) reads: “Whoever without authority supplies…in or from the [US] any  component of a patented invention that is especially made…for use in the invention and not a staple article of commerce….where stccg component is uncombined in whole or in part, …

The post Supreme Court Permits Recovery of Foreign Profits for 271(f)(2) Infringement appeared first on Patents4LifeWarren Woessner.

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We should all note and be saddened by the death of Kay Terry, who was a “godmother” to Schwegman, Lundberg & Woessner from our start in 1993, when she was a head of life science patenting and licensing in the …

The post Kathleen “Kay” Terry, Esq. (1934-2018) appeared first on Patents4LifeWarren Woessner.

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I have posted twice recently on the Fed. Cir.’s opinion in Vanda Pharms., Inc. v. West-Ward Pharm. Int’l, Ltd., Appeal no. 2016-2107 (Fed. Cir., April 18, 2018). The Fed. Cir. affirmed the district court’s ruling that Vanda’s claims in U.S. …

The post PTO Issues Section 101 Memorandum after Vanda Decision appeared first on Patents4LifeWarren Woessner.

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In Ex parte Galloway, Appeal No. 2017-004696 (PTAB, May 24, 2018), the Board reversed the examiner’s rejections of claims to a method of diagnosing bladder cancer. The method comprised isolating cells from the urine of a subject, dispersing at least …

The post Ex Parte Galloway – Berkheimer Meet s. 103. appeared first on Patents4LifeWarren Woessner.

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In Ex parte Smith, Appeal No. 2016-007565 (PTAB, May 16, 2016), the Board reversed the examiner’s s.101 and 103 rejections of a claim to a modified flavivirus envelop (E) protein comprising a mutated envelop protein, where the unmodified E-To domain …

The post Ex Parte Smith: What We’ve Got Here Is A Failure To Communicate! appeared first on Patents4LifeWarren Woessner.

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Although, somehow, examiners and PTAB Judges are supposed to refrain from considering anticipation or obviousness when evaluating claim elements for the “inventive step” required for patent eligibility, that’s just not possible. The claims in Ex parte Galloway were directed to …

The post Ex parte Galloway – Two Correlations are Better than One appeared first on Patents4LifeWarren Woessner.

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I know that Fed. Cir. s 101 decisions are inherently more instructive than PTAB decisions, but PTAB (and district court) s. 101 decisions are like legal potato chips – if you sample one, you just can’t quit. For example, in …

The post Ex Parte Stone: The “Disappearing Doctor” Leaves a Medical Device Behind appeared first on Patents4LifeWarren Woessner.

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On April 19, the USPTO released a Memorandum from Robert Bahr, The Deputy Commissioner for Patent Examination Policy, that summarized the support required for a finding if a claim directed to a judicial exception to s. 101 eligibility under Step …

The post PTO Releases Revised Guidance on Compliance with Mayo/Alice Rule appeared first on Patents4LifeWarren Woessner.

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