Tag Archives: Warren Woessner

Roche Molecular Systems, Inc. v. Cepheid – Are Primers “Natural Products”?

Posted on October 9, 2018 by Warren Woessner

Anyone familiar with the fate of claims to primers used in PCR, to amplify a stretch of target DNA in order to determine whether or not a significant mutation is present, could write the opinion in this appeal (No. 2017-1690 … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged biotechnology patent law, BRCA DNA, Federal Circuit, Judge O'Malley, M. tuberculosis, MTB, Myriad, nucleotides, PCR, Section 101, Warren Woessner | 1 Comment

“Big Data” Claims Meet Mayo/Alice Rule

Posted on September 24, 2018 by Warren Woessner

I am going to try to discuss two recent decisions by the PTAB, Ex parte Fiesner, Appeal 2018-00530 (9-10-18) and Ex parte Lehrer, Appeal 2016-007941 (8-29-2018). Both have claims that employ computers to process large amounts of input data to, … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged Big Data, Ex parte Feisner, Ex parte Leher, Mayo/Alice, O’Reilly v Morse, PTAB, Warren Woessner | Leave a comment

BIO IP & Diagnostics Conference – Is the Titanic Turning Around?

Posted on September 21, 2018 by Warren Woessner

On September 28th, I will be moderating a panel on patenting diagnostic tests – and related subject matter – such as methods of medical treatment, at BIO’s annual IP & Diagnostics Symposium in Alexandria, VA. At the beginning of 2018, … Continue reading →

Posted in BIO, Patent Eligible Subject Matter | Tagged Berkheimer, bio, IP & Diagnostics Symposium, Mayo/Alice, PTAB, Warren Woessner | Leave a comment

Ex parte Parenteau – PTAB Skips Step One of the Mayo/Alice Test?

Posted on September 14, 2018 by Warren Woessner

In ex parte Ho, the subject of my last post, the PTAB reversed the Examiner’s rejection of claims to a population of bone marrow cells obtained by two-stage culturing that expressed or failed to express certain markers. The PTAB wrote … Continue reading →