Category Archives: Prior Art

Almirall v. Amneal Pharmaceuticals – Negative Limitations II

Posted on April 8, 2022 by Warren Woessner

This post gets a “Part II” designation because the Fed. Cir. clarified the support necessary to find a negative limitation in the prior art (Almirall LLC v. Amneal Pharmaceuticals LLC, Appeal No. 2020-2331 (Fed. Cir., March 14, 2022)). In my … Continue reading →

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Qualcomm v. Apple – Pyrrhic Victory for Qualcomm?

Posted on February 2, 2022 by Warren Woessner

So far, it’s been a slow year for jurisprudence in the life sciences, so I thought I would take a look at the somewhat quirky decision in Qualcomm, Inc. v. Apple, Inc., Appeal nos. 2020-1558, -1559 (Fed. Cir., February 1, … Continue reading →

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IPO Chat Channel: Inequitable Conduct – A Refresher & Update – April 23rd

Posted on April 21, 2020 by Warren Woessner

Have findings of inequitable conduct due to egregious misconduct become more common post-Therasense or can a simple failure to disclose material prior art still lead to a finding of inequitable conduct? What are the possible consequences to both litigators and … Continue reading →

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Hulu v. Soundview Innovations – the Shifting Sands of Printed Publications

Posted on January 10, 2020 by Warren Woessner

In Hulu v Soundview Innovations, IPR2018-01039, the PTAB was faced with the question of whether or not a certain textbook was a “printed publication” that was “publicly available” and so qualified as prior art against U.S. Pat. No. 5,806,062 – … Continue reading →

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