Blog – Page 82

Written Description Requirement for Antibody Claims – The inherent Danger of Functional Claiming

July 6, 2014

In Abbvie v. Centocor, (Fed. Cir, 2014), Abbvie's representative claim was directed to a neutralizing isolated human antibody, or antigen-binding portion thereof, that binds to human IL-12 and disassociates from…

Preliminary Examination Instructions in view of Alice v. CLS issued by the PTO

June 25, 2014

The USPTO has issued a June 25, 2014 Memorandum entitled "Priliminary Examination Instructions in view of the Supreme Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et…

Alice v. CLS – Abstract Ideas – Intermediated settlement

June 21, 2014

The patents in Alice Corporation 573 US _ (2014) were directed to a scheme for mitigating "settlement risk". The representative method claim included the steps of (1) "creating" shadow records…

A Rule 1.131 Affidavit Practice Refresher

May 29, 2014

A rule 131 affidavit/declaration allows an inventor of an application or the owner of a patent under reexamination to swear behind a reference which is being applied under 35 USC…

Bilski v. Kappos – Abstract Idea – Hedging

February 6, 2014

Any post Bilski analysis needs to start off with the Supreme Court decision at the basis which of course is Bilsk v. Kappos 561 (U.S. _ (2010). The claims at…

Post-Prometheus Analysis – Classen Immuno v. Biogen IDEC – Vaccination Schedules

January 30, 2014

The Federal Court in Classen Immunotherapies, Inc., v. Biogen IDEC (Fed. Cir. August 31, 2011) concerns the application of the common-law exclusions from section 101 of "laws of nature, natural…

Interpretation of Myriad and Prometheus: Perkinelmer, Inc v. Intema (Fed. Cir. 2012)

January 29, 2014

In the post myriad/Prometheus decision of Perkinelmer, Inc. v. Intema Limited, the Federal Court struck down claims directed to a screening method to estimate the risk of fetal Down's syndrome.…

Written Description Support for Biotechnology Inventions – The classic Genus-Species Situation – NOVOZYME

January 8, 2014

NOVOZYMES v. DUPONT Facts: Novozymes '723 patent (US Patent No. 7,713,723) claimed modified ezymes that exhibit improved function and stability. In particular its specification disclosed 33 separate amino acid positions…

Frontpage Who We Are

July 16, 2013

Who We Are Our team consists of passionate and experienced people,who love what they do and are always one step ahead. [widgetkit id=56]

Mayo v. Prometheus

June 30, 2013

Section 101 of the Patent Act defines patentable subject matter. The statute says the following: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition or…