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Posts Tagged: Judge Moore


The Federal Circuit held that the district court correctly applied collateral estoppel to the patent because reexamined claim contains the same memory limitation previously found in claims and and because the patent reexamination never addressed that limitation or the…

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Earlier today the United States Court of Appeals for the Federal Circuit ruled that Dolly the cloned sheep and any other genetic clones are patent ineligible in the United States because the claimed clones are exact genetic copies of…

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Perpetuating the myth that the computer is where the magic lies does nothing other than ignore reality Software is what makes everything happen or crying out loud software drives a multitude of machines Maybe the auto mechanic for Judges…

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The only thing we know is this the Federal Circuit issued an extraordinarily brief per curiam decision which stated Upon consideration en banc a majority of the court affirms the district court s holding that the asserted method and…

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Vice-Chief Judge Moore The statute requires that each of the judges have scientific ability It doesn t actually require particularized training in any one individual specific area Permit me to key off of what the Chief said earlier --…

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Chief Judge Smith The unique thing about the job particularly right now - and I think this is true for my job and the Vice Chief Judge job - is that while we have many many administrative duties they…

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The interview took place on the Alexandria Campus of the USPTO in the Madison Building We sat around a modest conference table in the office of Chief Judge Smith We chatted for approximately minutes Smith and Moore give us…

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This is very good news for defendants and for the patent system If Rule is actually enforced against those who sue without a reasonable basis the bad actors will be wiped out It will also work to identify those…

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On Thursday September the United States Court of Appeals for the Federal Circuit issued two decisions that provoked much debate and which deserve to be remembered The first case In re Comiskey seemed rather straight forward and certainly not…

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While the Supreme Court may have expanded the reach of the Hatch-Waxman safe harbor the Medtronic and Merck cases only involved pre-marketing FDA approval activity But the recent split Federal Circuit panel decision in Momenta Pharmaceuticals Inc v Amphastar…

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Although predictions on the outcome of an unusual case such as this are probably worthless I think that it is most likely that this panel will rule in the same way that it ruled in It is probably safe…

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All of this might be confusing to a Judge who is unfamiliar with computers but that is not the test is it The question is supposed to be whether it would be confusing to a person of relevant skill…

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