Warren Woessner
Poet; patent attorney birder Chemist; Google me I dare you!
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Articles by Warren Woessner
Poet's Corner: 'Early Spring' by Warren Woessner
Early Spring By Warren Woessner I think I have spotted a new sparrow. Until the wind shows me It’s a brown holdout oak leaf That almost made it through the winter The wind tips it over And it’s a brown bowl Ready to be filled with spring. Warren Woessner has authored six books of poetry, most recently “Exit ~ Sky.” He is the poet laureate of the Vineyard Poetry Society. Poets with a connection to Martha’s Vineyard are encouraged to submit poems to community@mvtimes.com.
The Vineyard Gazette - Martha's Vineyard News
I pick what’s left Off a wave’s last edge: blue wood bullet, two white eyes and brass rings. Pop, it’s one You could have used and lost like we lost you. Something in deep Grabbed hold would not let go— then the line snapped and you were gone.
Burning the Boat
When we were kids my parents got an aluminum skiff and let my brothers and me break up our old wooden rowboat, then burn the pieces night after night on the beach with the help of driftwood we gathered every day. The boat was encrusted with ancient layers of paint and had brass fittings and screws, so the color of the flames was always mixing and changing. Yellow, blue, green — red was the rarest, and our favorite.
The Vineyard Gazette - Martha's Vineyard News
I have lived 79 years and if I didn’t wake up tomorrow no one would say I died young. What do you push anyway? I guess you push time out the way that you would just as soon hang onto. Victor Emanuel wrote a memoir entitled One More Warbler. That meant he wanted to keep living to keep birding. Now he’s in his eighties and still finding warblers, and many other birds. So far, so good, unless I hear he died in his sleep yesterday.
Episode 75: Student Visa Trends, Call for Permanent DACA Solution, Significant Visa Delays in France
Skip to main content May 23, 2024 Volume XIV, Number 144 Legal Analysis. Expertly Written. Quickly Found. Trending News Episode 75: Student Visa Trends, Call for Permanent DACA Solution, Significant Visa Delays in France Print Mail Download i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print Mastodon X Buffer Flipboard The State Department expects significant delays in visa processing in France. Advocates call for a legislative solution for DACA.
Regenxbio, Inc. v. Sarepta Therapeutics. Inc. – The Long Reach of Funk Bros. Seed Co.
Regenxbio [Regen], a company developing gene therapy, sued Sarepta [Sar] in D. Del. for infringement of claims of U.S. Pat.
Is the Patent Eligibility Act a Panacea for Claims to Diagnostics?
On January 23, the Subcommittee on Intellectual Property held a hearing in which the members of the committee heard testimony about the Patent Eligibility Restoration Act (PERA) introduced by Senators Coons and Tillis. I have considered case law directed to s. 101 of 25 U.S.C. for more than a decade, and was hopeful that PERA could achieve its subtitled goal of “Restoring Clarity, Certainty, and Predictability to the U.S. Patent System”.
Federal March-In Rights Meet Clawbacks – The Future of 35 USC ss. 200-212
This post could have been “The Revival of the March-In Rights of the Bayh-Dole Act.” The passage of the Bayh-Dole Act in 1980 permitted universities to take title to inventions made with federal funding and grant licenses to commercial entities. These licenses were notably to “small business concerns” such as start-ups in the pharma and biotech ventures running on capital attracted by professors and their IP rights.
Poet's Corner: 'Opening the Cabin'
Opening the Cabin By Warren Woessner We drag our bags to the side door and hunt for things that don’t work — big things like the heat and hot water and little things like burned-out bulbs. I am putting up the umbrellas and worrying about the rain that might come when the sun sets. Then a flash! It’s drops of water shining on a single strand of spider silk. In no time at all, they will all be gone like we will all be gone, everything hanging for an instant on a thread of silk at dawn.
The Martha's Vineyard Times
I sit in my car and can’t decide where to go. What will be there at the there I choose? Do I look for the loon or hunt the hawk? Or just sit here until the hawk leaves its tree for a better tree and the loon makes its last dive, and both just disappear without a wish or a way to let me know that it doesn’t matter what I choose. –By Warren Woessner Warren Woessner has authored six collections of poetry, including most recently “Exit – Sky” (Holy Cow! Press) and “Clear All the Rest of the Way” (Univ.
Starbucks Dept of Labor Subpoena Union Organization Ruling 9th Circuit
Ruling supports efforts to assess company’s compliance with federal law SEATTLE – A federal court in Seattle has ruled that Starbucks Corp. must comply with a U.S. Department of Labor administrative subpoena that seeks documents needed in an investigation by the department’s Office of Labor-Management Standards into money spent by the company related to worker organizing campaigns. The court has given the company 14 days to provide the documents. On Oct.
Amgen v. Sanofi Section 102 Inquires for Functional Patent Claims
So that I don’t have to explain the claims and the arguments presented by the parties, please read my posts on the Supreme Court’s opinion on Amgen v. Sanofi on May 22, 2023 and the Fed. Cir.’s opinion on February 13, 2021. In Amgen the Supreme Court affirmed the Fed.
The Vineyard Gazette - Martha's Vineyard News
Here, two drops of melt water hit the pond a foot apart, send out concentric waves that orbit the entry points, The pond is so still This evening isn’t it?
Does the “Patent Eligibility Restoration Act of 2023” Revive Diagnostic Claims?
On June 22, Senator Chris Coons, along with Thom Tillis introduced the “Patent Eligibility Restoration Act of 2023” (hereinafter “the Act”) to amend 35 USC s. 101 to clarify the scope of patent-eligible subject matter.
Supreme Court Voids Amgen’s Patents using “Undue Experimentation” Standard
In Appeal no. 21-257 (May 18, 2023), the Supreme Court affirmed the judgement of the Fed. Cir. by ruling that all of the claims of Amgen’s U.S. Patent nos. 8,829,165 and 8,859, 741 were invalid due to their failure to meet the enablement requirement of s. 112(a). For an introduction of the landmark decision, please re-read my post of Feb. 13, 2021 which summarizes the issues addressed by the Fed. Cir.
Chromadex v. Elysium Health – It’s Only Natural!
Friday, February 24, 2023 On February 13, 2023, a Fed. Cir. panel of Judges Prost, Chen and Stoll (Prost writing) held, in Appeal no. 2022-1116, that the asserted claims 1-3 of U.S. Patent No. 8,197, 807 are directed to unpatentable subject matter, namely to a natural product, nicotinamide riboside (“NR”). Since the panel relied heavily on its opinion in Natural Alternatives International, Inc. v. Creative Compounds, LLC., 918 F.3d 1338 (Fed.
PTO’s Cancer Immunotherapy Pilot Project Deemed Successful
Wednesday, December 21, 2022 The PTO’s Cancer Immunotherapy Pilot Project, begun in 2016, has been deemed a success. It permitted an applicant claiming a method to treat cancer using immunotherapy to file a petition to accelerate issuance of the first Examination Report. When the program expires, on Jan.
Moderna Sues Pfizer and Biontech For Patents and Damages
Tuesday, September 6, 2022 On August 26th, Modernatx, Inc. and Moderna US, Inc. sued Pfizer and Biontech SE, (Case 1:22-cv-11378 [D. Mass.]) for treble damages and attorney’s fees related to the alleged direct or indirect infringement of three of Moderna’s patents with claims directed to the mRNA vaccines developed by Moderna to prevent or lessen the symptoms of COVID-19 infections. The patents in suit are U.S. Pat. Nos. 10,898,574; 10,702,600 and 10,933,127.
Tillis Bill Addresses Section 101 of Patent Act
This recently introduced bill would replace section 101 with a lot of text. The commentators are all commentating, but I have yet to read whether or not the “outlaw” status of claims to diagnostic methods—led by varying interpretations of Mayo v. Prometheus—has been clearly lifted by this bill. Here are the relevant parts, at least setting up the discussion on this point. Section 101. Patent Eligibility (a) IN GENERAL—Whoever [post- Thaler v.
Federal Circuit Case CareDx v. Natera on Patent Ineligibility
In CareDx v Natera, Appeal No. 2022-1027, (Fed. Cir., July 18, 2022), a three judge panel of Judges Lourie, Bryson and Hughes, affirmed the district court’s finding that the claims of U. S. patent nos. 8703652, 9845497 and 10329607 are invalid for failing to survive the Alice/Mayo test for patent eligibility. I subtitled this post using Mathew 7:13-14: “Enter through the narrow gate.
The Martha's Vineyard Times
High Summer By Warren Woessner Slow sun pulls long days over July. The marsh holds its breath and soaks in warm water. Cattails surround the pond. Ducks and turtles loaf on logs. Songs slow in the woods. Herons stand still atop gray pilings And fish come to graze In their shadows. Overhead, swallows mow down a new crop of insects. Warren Woessner has authored six collections of poetry including most recently, “Exit ~ Sky” (Holy Cow! Press) and “Clear All the Rest of the Way” (Univ.
The Solicitor’s Holistic Approach to the Mayo/Alice Analysis in American Axle
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Ninth Circuit Rules Hemp-Derived Delta-8 THC Products Are Federally Legal, Creating Broad Implications for the Hemp, Marijuana and Insurance Industries
On May 19, 2022, the Ninth Circuit Court of Appeals issued an unexpected ruling that hemp-derived delta-8 THC falls within the definition of “hemp” under the 2018 Farm Bill. The Court’s decision in AK Futures LLC v. Boyd St. Distro, LLC, No. 21-56133, 2022 U.S. App.
Delaware District Court Judge Gives Three New Patent Case Orders
I. BACKGROUND The Honorable Colm F. Connolly, of the United States District Court for the District of Delaware, recently issued a series of three standing orders that affect patent cases filed in the District. The orders include: (i) changes to the Form Scheduling Order for Non-Hatch Waxman Patent Cases (Form Scheduling Order); (ii) the disclosure of third party litigation funding arrangements; and (iii) changes to the 7.1 Disclosure Statement. II. ANALYSIS A.
Qualcomm v. Apple – Pyrrhic Victory for Qualcomm?
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Federal Circuit Affirms Prior Ruling in Novartis Pharma Case
Monday, January 10, 2022 A split panel of Judges O’Malley, Linn and Moore (dissenting) affirmed a district court ruling that the claims of U.S. Pat. No. 9,187,405 met the written description requirement (WDR) of s. 112(a). Novartis Pharmaceuticals v. Accord Healthcare Inc., Appeal No. 2021-1070 (Fed. Cir., Jan. 3, 2022).
Panel 2 Reverses Panel 1 in Novartis v. Accord Redux
To save me a lot of typing, please read my post of January 10, 2022, summarizing the first Panel’s holding in Novartis Pharmaceutical v Accord Healthcare, Inc., 21 F.4th 1362 (Fed. Cir., 2022). The panel in that decision was Judges Moore, O’Malley and Linn, with Moore dissenting. A brief summary of the holding was that the majority of the panel found that a negative limitation that was disclosed only by implication in the specification satisfied the written description requirement.
Biogen v. Mylan – Therapeutic v. Clinical Efficacy – What is Required by the Written Description Requirement?
Wednesday, December 29, 2021 In Biogen v. Mylan, Appeal No. 2020-1933 (Fed. Cir., November 30, 2021), a divided panel of Judges O’Malley, Reyna and Hughes affirmed a district court’s ruling that Biogen’s U.S. Pat. No. 8,399,514 is invalid for failing to meet the written description requirement [WDR] of s. 112(a). Judges Reyna and Hughes were the majority, while Judge O’Malley penned an 11-page dissent.
Homeless on the Range in Indivior v. Dr. Reddy’s Laboratory Case
December 02, 2021 Courts Halt Federal Vaccination Mandates Amid Legal Challenges by: Stephanie R. Setterington and Elizabeth Wells Skaggs U.S. Supreme Court Relies on Established Doctrine in Interstate... by: Rachael L. Lipinski and Terese (T.C.) Richmond OFCCP Announces Much Anticipated Details About Its New Contractor... by: Leigh M. Nason and T. Scott Kelly How Criminal Defense Attorneys Can Benefit from Adopting a Law Firm...
A Class in Obviousness in Strathclyde v. Clear-Vu
November 17, 2021 Class Action Litigation Newsletter | Fall 2021: Seventh, Eighth,... by: Robert J. Herrington and Stephen L. Saxl Delays at U.S. Passport Agencies Continue by: Ryung Nam Kim Class Action Litigation Newsletter | Fall 2021: Fourth, Fifth, Sixth... by: Robert J. Herrington and Stephen L. Saxl ISO Publishes Standard on Evaluating the Antimicrobial Performance of... by: Lynn L. Bergeson and Carla N. Hutton The New Era of Government Trade and Market Control with Reid Whitten...
Intellectual Property Consolidation in the Agriculture Industry
Wednesday, November 17, 2021 Ever since agencies around the world such as the USPTO, USDA, and Union for the Protection of New Varieties of Plants (UPOV) have started recognizing and enforcing intellectual property rights relating to plants, there has been a slow yet massive consolidation in global seed markets.
CareDx v. Natera – Are Processing Steps Known to the Art Always “Conventional”?
October 15, 2021 US Allowing Non-Essential Travel from Canada, Europe & Others:... by: Rachel Popa and Chandler Ford FTC Warns Massive List of US Companies Not to Deceive Consumers With... by: Kristin J. Achterhof and David Halberstadter Review of Recent Whistleblower Developments: October 2021 by: Lisa M. Noller and Pamela L. Johnston Travel Restrictions to be Lifted November 8, 2021 by: Kimberly A. Clarke and Nina Thekdi Proposed Tax Legislation Could Impact Exchange-Traded Funds by: John S.
Song of the Saltmarsh Sparrow
What’s the buzz and the click? My song of course, though no one but I have ever tried to sing it. I’m no Nightingale that got an ode, or a Robin welcoming spring back into the world, singing “Cheery up,” or even the insistently perky Chickadees you welcome to your feeders. No, I am inconspicuous, hurrying through the saltmarsh like a mouse, easy to miss, but look where I live.
Belcher v. Hospira – Inequitable Conduct is Still in Your Invalidity Toolbox
Saturday, September 4, 2021 Ever since Therasense made it more difficult to plea and prove inequitable conduct (IC), I feel that practitioners and litigators have pushed this defense to patent infringement out of the front lines of infringement attacks. In fact, I know of only a handful of cases in the pharma space in which an inequitable conduct defense was successful.
The Vineyard Gazette - Martha's Vineyard News
I wish the phone would ring and it would be you saying I got bait today, it’s not too sloppy, let’s leave the dock at 5 a.m. and go over to the Elizabeths to that spot we found last week where we caught our limit in an hour. Then you teased Buddy on the radio until he left Nomans and came over to help his fancy clients reel in some Stripers. I wish you’d say to invite Sol and Bob — better fishermen than I’ll ever be — to go with us.
Federal Circuit Dismisses Claim of Blocking Patent, Reverses PTAB
July 28, 2021 Where Are We Now? Trends in Telehealth Utilization by: David Manko and Krusheeta R. Patel CDC’s New Guidance Recommends Masks for Fully-Vaccinated Individuals by: Adam T. Pankratz and Charles L. Thompson, IV Chemours Co. v. Daikin Industries – Back to Some IP Basics by: Warren Woessner Newly Proposed FCA Amendments Would Hinder Defendants by: Kevin M. Coffey IRS issues Guidance on The Deductibility of Fertility Treatments for... by: John T. Lutz and Terence H.
The Supreme Court Ruling in Booking.com Case Will Significantly Influence the Future of Generic-Dot-Com Trademarks
Tuesday, July 27, 2021 On June 30, 2020, the Supreme Court of the United States (SCOTUS) ruled in favor of Booking.com in their long-running dispute with the United States Patent and Trademark Office (USPTO), rejecting the agency’s claim that any generic term combined with a generic top-level domain (“.com,” etc.) is automatically ineligible for registration.
USPTO Publishes Interim Process for Director’s Review of PTAB Decisions
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Fed. Circuit Yu v Apple Specialized Cameral Claim Patent-Ineligible
June 11, 2021 OSHA Issues New COVID-19 Guidance for All Industries Not Covered by... by: Melissa A. Bailey and Dean F. Kelley OSHA’s New Safety Rule: Health Care Workers and Beyond by: Susan F. Wiltsie and Christopher M. Pardo Does the NIST Privacy Framework Require that Companies Score... by: David A. Zetoony McDermottPlus Check-Up: June 11, 2021 by: McDermott Will & Emery COVID-19: Updated OSHA Guidance for Covid-19 and What It Means for... by: Kathleen D. Parker and M.
The Vineyard Gazette - Martha's Vineyard News
The Black Skimmer working its way close to shore — too close for the Red Knots that arrived last night from Argentina 5000 miles away and just want to stuff themselves for the next 2000 mile flight and ignore the soaring Osprey scanning for fish it will teach how to fly. Back home, at 60 wing beats per second, the hummingbirds are raising a family and chase bees, whose wing beats are also a blur, off the flowers.
Biogen v. Serano – When is a Recombinant Polypeptide Novel?
May 26, 2021 Is Greater Than Really Equal To? Sales of Over-Encumbered Property... by: Christopher J. Giaimo 5th Circuit Declines Personal Jurisdiction in High-Profile Japanese... by: Christopher Ulfers Seeking HoNIST Opinions – NIST Invites Comments on Major Revision to... by: Townsend L. Bourne 15-Year-Old Soccer Star Granted Temporary Restraining Order on... by: Gregg E.
Neapco’s Brief in Opposition to American Axle Petition for Cert
Friday, April 9, 2021 On March 31, 2021, Neapco Holdings LLC filed its Brief in Opposition to American Axle’s Petition for Cert. If you need a refresher on the proceedings to date, please read (or re-read) the analyses I posted on Jan. 11, 2021 and on August 3, 10, 11 and 14 of 2020.
Biden’s Nominee to the Fed. Cir. is Perkins Coie Litigator
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
In re: Board of Trustees of Stanford: “Big Data” Personalized Medicine is an Abstract Idea
March 12, 2021 Minnesota Eases COVID-19 Restrictions, Recommends Continued Work-From... by: Gina K. Janeiro and Hadley M. Simonett Keeping it Local to Extend COVID-19 Emergency Paid Sick Leave... by: Anthony J Oncidi and Michelle L. Lappen The DOJ’s Fraud Section 2020 Annual Review: Financial Enforcement... by: Eoin P. Beirne and Grady R. Campion TCPA Filings Against Dispensaries Still Sky High: Latest Filing Seeks... by: Eric J.
Amgen v. Sanofi – How Wands Factors make Biotech Claims “Magically” Disappear
Sunday, February 14, 2021 While this recent Fed. Cir. decision – Amgen Inc. v. Sanofi, Appeal No. 2020-1074 (Fed. Cir., Feb. 11, 2021) seems predictable, given the fate of antibody claims that recite the target and the function of antibody binding thereto, there are a few interesting wrinkles to comment on. A Fed. Cir. panel of Judges Lourie, Prost and Hughes, Lourie writing, affirmed the district courts finding that Amgen’s claims failed the enablement test of s. 112.
Fed. Cir. Splits a Fine S.101 Hair in Illumina v. Ariosa
Monday, January 18, 2021 The first panel decision below can be found at 952 F.3d 1367 (Fed. Cir. 2020). I posted on this decision on June 1, 2020, days before the Fed. Cir. issued a modified panel decision in August, 967 F.3d 1319 (Fed. Cir. 2020) that essentially affirmed the first panel’s holding that the claims in two Illumina patents, U. S. Pat. Nos. 9,580,751 and 9,738,931, claimed patent eligible subject matter. Please read my June post for more background.
American Axle & Manufacturing v. Neapco Holdings Files for Cert.
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
American Axle Petitions for Cert.
January 11, 2021 PPP Update: Guidance for New and Existing Borrowers by: Garett Hill and Caroline Cherkassky Medi-Cal Rx: California to Transition Medi-Cal Pharmacy Benefits to... by: Kenneth Yood and Melissa R. Gertler HHS Advisory Opinion Concludes Manufacturers Must Deliver 340 B Drugs... by: Emily J. Cook and James W. Kim American Axle Petitions for Cert. by: Warren Woessner Telecom Alert - Emergency Broadband Benefit Fund; 2.5 GHZ Rural... by: Jim Baller and Gregory E.
Vectura v. GlaxoSmithKline – How to Keep Process Limitations out of Composition Claims
Monday, November 30, 2020 In the recent decision, Vectura Ltd. v. GlaxoSmithKline LLC, Appeal. No. 2020-1054 (Fed. Cir., November 19, 2020), the panel dealt with an appeal by GlaxoSmithKline LLC (“GSK”) from a district court decision that found infringement of Vectura’s claims directed to “composite active particles” of the type used to deliver drugs via dry powder inhalers. Claim 1 of U.S. Pat. No. 8,303,991 reads: “1.
C. R. Bard v. Angiodynamics – It’s a Labelled Injection Port, not a Label
Friday, November 13, 2020 The recent decision in C. R. Bard, Inc. v. Angiodynamics Inc., Appeal nos. 2019-1756 and 2019-1934 (Fed. Cir., November 10, 2020) is an example of a bad doctrine, patent eligibility, gone rogue. The panel’s ultimate decision that the claimed invention was not patent ineligible as an abstract idea should have required one paragraph of this opinion, not four pages (!).
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