Author Archives: Warren Woessner

Belcher v. Hospira – Inequitable Conduct is Still in Your Invalidity Toolbox

Posted on September 3, 2021 by Warren Woessner

Ever since Therasense made it more difficult to plea and prove inequitable conduct (IC), I feel that practitioners and litigators have pushed this defense to patent infringement out of the front lines of infringement attacks. In fact, I know of … Continue reading →

Posted in Inequitable Conduct/Rule 56 | Tagged inequitable conduct | Leave a comment

Chemours Co. v. Daikin Industries – Back to Some IP Basics

Posted on July 28, 2021 by Warren Woessner

After trying to untie the Gordian knot of patent eligibility, it is almost IP comfort food to read a Fed. Cir. decision that deals with obviousness. In Chemours Co. FC, LLC v Daikin Industries, Ltd., Appeal Nos. 2020-1289 and 2020-1290 … Continue reading →

Posted in Obviousness | Tagged Federal Circuit, Obviousness | Leave a comment

USPTO Publishes Interim Process for Director’s Review of PTAB Decisions

Posted on July 2, 2021 by Warren Woessner

Information from the USPTO: [The USPTO’s] webpage houses useful information regarding the implementation of an interim Director review process in Patent Trial and Appeal Board (PTAB) proceedings following Arthrex. Background On June 21, 2021, the U.S. Supreme Court issued a … Continue reading →

Posted in PTAB, USPTO Practice and Policy | Tagged PTAB | Leave a comment

Yu v. Apple – Transubstantiation of a Machine into an Abstract Idea

Posted on June 14, 2021 by Warren Woessner

Every time the courts re-define a mechanical device as an abstract idea, I struggle with the rationale that is applied to evaluate the claimed subject matter for patent eligibility under s. 101. I am not a computer scientist so the … Continue reading →