Tag Archives: Federal Circuit

Federal Circuit Denies En Banc Review of Athena v. Mayo

Posted on July 7, 2019 by Warren Woessner

On July 3rd, the Fed. Cir. denied Athena’s petition for rehearing en banc. The three-page order is a 7/5 denial accompanied by more than 80 pages of concurrences and dissents. Concurring in various combinations are Judges Lourie, Hughes, Dyk, Reyna, … Continue reading →

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Cutting Through the Patent Thicket – The Little Bill that Couldn’t

Posted on June 18, 2019 by Warren Woessner

A bill was recently proposed to “reduce the improper issuance of patents that improperly extend the term of exclusivity afforded a new drug or biological product.” The bill would amend the patent statutes (s. 253 or title 35) for add … Continue reading →

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Senate Subcommittee on IP Feels our PAIN

Posted on June 6, 2019 by Warren Woessner

In lengthy hearings conducted by the Senate Subcommittee on Intellectual Property (of the Committee on the Judiciary) on June 4th and 5th (Parts I and II; Part III will be held on June 11th), the Subcommittee, chaired by Senators Tillis … Continue reading →

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Athena III – Should the Discovery of a Naturally-Occurring Correlation Encompass Recognition of its Practical Utility?

Posted on May 7, 2019 by Warren Woessner

The origin of the idea that natural phenomena, like the law of gravity, cannot be patented, even by their discoverer, is well-settled law. In Gottschalk v. Benson, the Supreme Court stated, in dictum: “Phenomena of nature, though just discovered, mental … Continue reading →

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