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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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Tag Archives: Ariad v. Lilly
Ariad v. Lilly Comes Down (On Us) – Judge Lourie Rules!
In a majority opinion authored by Judge Lourie for the Federal Circuit sitting en banc (Appeal No. 2008-1248 (Fed. Cir. March 22, 2010)) (a PDF of which is attached to the end of this post), the court held that there … Continue reading
ARIAD v. LILLY – A Modest Proposal – Should Screening be Enough?
As the Fed. Cir. prepares to issue an en banc opinion on the existence and role of the written description requirement in section 112, it seems like a time for reflection. After taking the position that enablement should suffice for … Continue reading
Yes, Judge Michel, There have been some WDR Appeals!
During oral argument before the Fed. Cir. in Ariad v. Lilly, as reported by Patently-O, the government attorney was pressed for specific evidence that a separate WDR “is necessary for USPTO to perform its examination function”, e.g., that it serves a practical … Continue reading
ANOTHER “HAIL MARY” CLAIM BITES THE DUST
In my post of April 22, 2009, I spent quite a lot of time discussing why “mechanism of action” claims may issue but, like the “Hail Mary” pass in football, remain vulnerable to invalidation as inherently anticipated by the prior … Continue reading