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Certified Licensing Professionals, Inc., 2021 
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This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.
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Warren D. Woessner
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Category Archives: Claim Interpretation
Teva v. Sandoz: “Just the facts, Ma’am”
Effectively reversing Cybor Corp., which flatly stated that a lower court’s claim construction is a question of law which is to be reviewed de novo by the Fed. Cir., yesterday the Supreme Court held 7-2 that questions of fact resolved … Continue reading
Posted in Claim Interpretation
Tagged Cybor Corp., District Court, Federal Circuit, Patent Law, s. 112(2), Sandoz, Supreme Court, Teva, Warren Woessner
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101 Rejections Under the Guidelines: Mayo and Myriad “Go Viral”
This is a guest post from Hans Sauer, Deputy General Counsel, Intellectual Property for BIO. “Recently, I set out to find real-world examples of recent rejections under the USPTO Guidance, to do my own sampling rather than rely on reported … Continue reading
Posted in Claim Interpretation
Tagged bio, biotechnology law, biotechnology news, Federal Circuit, Hans Sauer, intellectual property, ip, Mayo, Myriad, Patent Law, patents, USPTO, Warren Woessner
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Lightning Ballast II – Judge Lourie Tries to Get to “The Facts of the Matter”
After reading all 88 pages of this very scholarly opinion which left patent law right where it was post-Cybor – no matter how much weight the parties and amici felt stare decisis deserved – I went back and read Judge Lourie’s concurrence. It is mercifully … Continue reading
Federal Circuit Reaffirms Cybor Standard in Lightning Ballast Rehearing
On Friday, a narrow majority of the Fed. Cir. sitting en banc, reaffirmed that claim interpretation is a question of law, to be reviewed de novo upon appeal to the Fed. Cir. (A copy of the decision can be found below.) … Continue reading