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USPTO s.101 guidelines – how to “eviscerate patent law”

March 27 2014 On March 19th, the USPTO released 93 slides as training materials to help Examiners navigate the lengthy "Guidelines for Subject Matter Eligibility…

Abbvie v. Janssen Biotech –written description requirement road map

July 7 2014 The recent decision in Abbvie Deutschland v. Janssen Biotech and Centorcor Biologics, App. No. 2013-1338, -1346 (Fed. Cir. , July 1, 2014) deserves…

Dave Kappos’ open letter to President Lincoln: a must read for leaders of all stripes

May 2 2014 For those of you that have not yet read David Kappos' open letter to President Lincoln, please take a moment to read it at Managing IP's blog:…

Gone Judge – Judge Randall Rader to resign

June 16 2014 Before stepping down as Chief Judge of the Fed. Cir. On May 30th, Judge Rader had sent a letter to his colleagues on the court apologizing for…

Drafting software patent applications to meet section 101 after the Alice decision

June 25 2014 In Alice Corporation Pty. Ltd. v. CLS Bank International, et al, handed down on June 19, 2014, the U.S. Supreme Court held the Alice claims invalid…

Recent grants in electronic commerce technology group provide evidence that at least “technical inventions” still pass muster under Alice

August 15 2014 In a recent post Dennis Crouch has provided two charts showing the grant rate of patents filed between 2003 and 2010, divided by technology area. See…

FDA’s new biosimilars guidance has sponsors provide information to win reference product exclusivity; liberal criteria opens the door to more exclusivities being awarded

August 9 2014 On August 5, 2014, FDA announced the availability of its most recent biosimilars guidance entitled, "Reference Product Exclusivity for Biological…

Fed. Cir.: antitrust issues can arise from Hatch-Waxman litigation

August 7 2014 In Tyco Healthcare Group v. Mutual Pharm. Co., App. No. 13-1386 (Fed. Cir. August 6, 2014), a divided panel of the court reversed a district court's…

Ignorance is bliss – for Teva

August 4 2014 I did not pay much attention to the fairly recent panel decision in Bristol-Myers Squibb Co. v. Teva Pharma. USA, 757 F.3d 967 (Fed. Cir. 2014). It…

USPTO trips over Myriad-Mayo Guidance

July 31 2014 The above UK-based European Practitioners have today filed comments at the USPTO arguing that the USPTO's Myriad-Mayo Guidance is inconsistent with…