Category Archives: Post-Grant Issues

Federal Circuit Clarifies Prosecution Laches

Posted on November 10, 2010 by Warren Woessner

  The facts of Cancer Research Tech. v. Barr Labs., Inc., App. No. 2010-1204 (Fed. Cir. November 9, 2010) (PDF at end of post) are almost more interesting than the holding, which is : “We…now hold that to establish [the … Continue reading →

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Do You Have Anything To Prove? Frye Fries A Half-Baked Standard

Posted on March 11, 2010 by Warren Woessner

The recent precedential decision, Ex parte Frye, Appeal No. 2009-006013 (Bd. App. 2010) reversed the Examiner’s rejection of a claim to a shoe. More importantly, the Board emphasized that the Board on appeal “reviews the particular finding(s) contested by an appellant … Continue reading →

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Privilege Primer

Posted on January 8, 2010 by Warren Woessner

Guest Posting from Ron Shutz Case: Keefe v. Bernard, 2009 W.L. 346738 (Oct. 30, 2009). Topic: Corporate Attorney/Client & Work Product Privilege Facts The attorney representing both the doctor and his corporate employer in a medical malpractice action interviewed an … Continue reading →

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JUDGE RADER DEFENDS THE FUTURE OF IP

Posted on October 16, 2009 by Warren Woessner

Judge Randall Rader of the Federal Circuit was the luncheon speaker at the AIPLA Annual Meeting Friday in DC and, as usual, he spoke well. So many of his fellow- (and one female) judges where there that he quipped: “Now … Continue reading →

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