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In Natural Alternatives Int’l., Inc. v. Creative Compounds, LLC, Appeal No. 2018-1295 (Fed. Cir., March 15, 2019) a divided panel of the Fed. Cir. held that claims to  methods of increasing the anaerobic working capacity in a human subject by …

The post Split Federal Circuit Panel Holds That Method of Medical Treatment Claims are Patent Eligible appeared first on Patents4LifeWarren Woessner.

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Hikma Pharms. and West-Ward Pharms petition for cert. to reverse the Fed. Cir.’s decision in Vanda v. West-Ward that methods of medical treatment are patentable. The Supreme Court’s now-infamous Mayo decision, invalidated claims to a method for determining the optimal …

The post Hikma and West-Ward v. Vanda – Are Methods of Medical Treatment Patent-Eligible? appeared first on Patents4LifeWarren Woessner.

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The 2019 Revised Subject Matter Eligibility Guidance published on January 7th purported to revise the procedures for determining whether a patent claim or patent application claim is “directed to a judicial exception (laws of nature, natural phenomena, and abstract ideas) …

The post Athena v. Mayo Part II – Iancu v. The Federal Circuit(?) appeared first on Patents4LifeWarren Woessner.

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By now, once you see the claim, I would not be surprised if any of my loyal readers could not predict how it would fare at the Fed. Circuit. However, this is a worthwhile decision to review, particularly since the …

The post Mayo Wins in Another s. 101 Appeal – Discovery of a Useful Natural Correlation is not Patent Eligible appeared first on Patents4LifeWarren Woessner.

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In my last post, I discussed the Supreme Court’s opinion in Helsinn Healthcare v. Teva Pharms., holding Helsinn’s patent on a drug was invalid on the basis that Helsinn’s semi-secret sale of the drug to a marketing partner triggered the …

The post Barry v. Medtronic – Be Careful What You Use and Sell! appeared first on Patents4LifeWarren Woessner.

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Pre-AIA, 35 USC 102(b) stated that a person is entitled to a patent unless “the invention was patented or described in a printed publication… or in public use or on sale in the country, more than one year prior to …

The post Supreme Court Rules That “Secret Sales” Can Qualify as Prior Art appeared first on Patents4LifeWarren Woessner.

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Sherry Knowles (Knowles Intellectual Strategies, LLC) and Anthony Prosser, one of Knowles’ agents have written an engrossing article (18 J. Marshall Rev; Intell. Prop. L. 144 (2018) arguing that the Supreme Court has meandered so far from the statutory language of …

The post Knowles and Prosser Posit that the Expansion of s. 101 by the Supreme Court is Unconstitutional appeared first on Patents4LifeWarren Woessner.

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On January 7th, the Patent Office released proposed revised s. 101 eligibility examination guidelines for public comment. The proposed Guidelines would supersede MPEP 2016.04(II), the section that controls the analysis conducted at step 2A of the Mayo/Alice test  “to the …

The post USTPO Releases Proposed Revised Section 101 Eligibility Guidelines appeared first on Patents4LifeWarren Woessner.

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Although this list will reach most the readers of Patents4Life after 2019 begins, 2018 deserves some attention even if it has the feel of “those we lost in 2018” lists. Although most of my colleague-commentators have published their lists by …

The post Top Ten List of Patent News Stories in 2018 appeared first on Patents4LifeWarren Woessner.

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I recently took another look at the Joint AIPLA-IPO Proposal on Patent Eligibility that was prompted by the scheduling of a discussion meeting by the Minnesota Intellectual Property Law Association. I confess that I did not participate in either the …

The post Legal Wiggle Room in the Joint AIPLA-IPO Proposal on Patentability? appeared first on Patents4LifeWarren Woessner.

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