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Updated Mayo/Myriad/Alice Patent Eligibility Interim Guidance

On December 16, 2014, the USPTO finally issued updated and significantly revised Interim Guidance to the Examiners for examination of patent claims for patent eligibility,...

Federal Circuit’s denial of rehearing Bristol-Myers Squibb v. Teva regarding Entecavir exposes potential issues regarding the utility of later found unexpected results for overcoming obviousness

In the earlier panel opinion, Entecavir was found obvious under the lead compound analysis over a structurally close compound 2’-CDG, which compound at the time...

New Book Regarding Patent Term Extensions: Authors Include MWZB Attorneys

MWZB is pleased to announce the publication of a new book on patent term extension. Patent term extension is a critical factor in protecting the...

New Myriad/Mayo Patent Eligibility Guidance Delayed, but Will Probably Be Improved

Sources tell us that the estimated publication date of the revised Myriad/Mayo Guidance in the Federal Register is the week of November 17, 2014 (previously...

Supreme Court rules that “insolubly ambiguous” standard permits too much ambiguity

Nautilus, Inc. v. Biosig Instruments, Inc. On June 2, 2014, the Supreme Court held that the indefinite standard used by the Federal Circuit – “insolubly ambiguous”...

Supreme Court Holds a Direct Infringement by Single Party is Necessary to Finding Inducement of Infringement

In Limelight Networks, Inc. v. Akamai Technologies Inc. the Supreme Court overturned a Federal Circuit Decision wherein infringement was found against party performing all but final...

Highmark Octane: Fuel for Attorney Fees

On April 29, 2014, the U.S. Supreme Court issued rulings in two cases that will affect the recovery of attorney’s fees in litigation–certainly in patent...

A Myriad of Natural Product Claims May Be Toast, With Extra Mayo: The USPTO issues new Examiner Guidance documents expanding the scope of patent-ineligibility

On March 4, 2014, the USPTO issued a document entitled “Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural...

New Rules Resulting from the Patent Law Treaty

As a result of the recent Patent Law Treaty Implementation Act (PLTIA), Final Rules (78 FR 62368) have been implemented to modify USPTO practice in...

New After Final Consideration Pilot Program (AFCP 2.0)

The USPTO recently announced an updated version of an earlier pilot program, seeking to find ways to reduce the number of Requests for Continued Examination...
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