Tag Archives: Federal Circuit

Interval Licensing v. AOL — Judge Plager’s Concurring Dissent

Posted on July 23, 2018 by Warren Woessner

The majority of the panel in Interval Licensing v AOL, Appeal no. 2016-2502, -05, -06, -07 (Fed. Cir., July 20, 2018) affirmed the district court’s finding that claims 15-18 of U.S. Pat. No. 6,788,314 are invalid as attempting to claim … Continue reading →

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PTO Issues Section 101 Memorandum after Vanda Decision

Posted on June 11, 2018 by Warren Woessner

I have posted twice recently on the Fed. Cir.’s opinion in Vanda Pharms., Inc. v. West-Ward Pharm. Int’l, Ltd., Appeal no. 2016-2107 (Fed. Cir., April 18, 2018). The Fed. Cir. affirmed the district court’s ruling that Vanda’s claims in U.S. … Continue reading →

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Fed. Cir. Affirms Unclean Hands Defense in Gilead v. Merck

Posted on April 30, 2018 by Warren Woessner

On April 25th, a Fed. Cir. panel of Judges Taranto, Clevenger and Chen affirmed the unenforceability of two Merck patents covering a drug presently marketed as Sovaldi(r) to treat hepatitis C, sofosbuvir. Gilead Sciences, Inc. v. Merck & Co., Appeal … Continue reading →

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Federal Circuit Circumvents Mayo/Alice Rule in Vanda v. West-Ward

Posted on April 17, 2018 by Warren Woessner

After Cleveland Clinic, IP practitioners were left to speculate about the fate of claims directed to methods of medical treatment. These claims seemed next in line for extinction by the Mayo/Alice rule, which I will paraphrase: “If a patent claim … Continue reading →

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