Tag Archives: Federal Circuit

Federal Circuit Rules that PTAB Judges are Unconstitutionally Appointed

Posted on November 4, 2019 by Warren Woessner

In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., Oct. 31, 2019), a three Judge Fed. Cir. panel of Moore, Reyna and Chen took a deep dive into the appointments clause of the constitution and held … Continue reading →

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INO v. Praxair – Method-by-Selection Claims Fail Mayo/Alice Test

Posted on September 3, 2019 by Warren Woessner

In Ino Therapeutics LLC v. Praxair Distrib., Inc., Appeal no.2018-1019 (Fed. Cir., August 27, 2019) a divided Fed. Cir. panel comprising Judges Dyk and Prost, Newman dissenting affirmed a district court decision that a number of INO’s patent claims were … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged Federal Circuit, judge dyk, Judge Newman, Judge Prost | Leave a comment

Nalproprion v. Actavis: WDR met by Substantially Equivalent Claim Elements(?)

Posted on August 27, 2019 by Warren Woessner

In Nalproprion v Actavis, App. No. 2018-1221 (Fed. Cir., August 15, 2019) a divided panel of Judges Prost, Lourie and Wallach – Prost dissenting – affirmed the district court’s ruling that claim 11 of U.S. Pat. No. 8,916,195 met the … Continue reading →

Posted in Written Description Requirements (WDR) | Tagged Federal Circuit, Judge Lourie, Judge Prost, Judge Wallach, Written Description Requirements | Leave a comment

Genotyping Patent Claims Do Not Escape The Reach of s. 101

Posted on August 12, 2019 by Warren Woessner

In Genetic Veterinary Sciences, Inc. v. Laboklin GMBH & Co., the University of Berlin, App. No. 2018-1565 (Fed. Cir., Aug. 9, 2019), a Fed. Cir. panel affirmed the district court’s JMOL ruling that the claims of the University’s U.S. Pat. … Continue reading →