Sue D. Nym
Posts by Sue D. Nym
Review of USPTO should start at the top, not with examiners
In an article published on April 23, 2017, Gene Quinn wrote about President Trump’s workforce reduction plan and his proposal for what it should mean for the United …
Australia Releases Guidelines on Patentability of Genetic Material – Now That’s How It’s Done
The Australian Patent Office yesterday released its new guidelines in response to Australia’s High Court decision on the patentability of genetic material. The good news for …
Thoughts on Ex parte Boyden
A couple months ago I commented on Ex parte Khvorova, expressing disappointment in its analysis and concern over what this might mean since it is “the first …
Ariosa is a Good Example of Outcome-Driven § 101 Decisions
The first and most critical task in most eligibility analysis is carefully and precisely defining the subject matter of the claims as well as the natural phenomenon …
Thoughts on Ex parte Khvorova
Ex parte Khvorova is the first PTAB decision on patent eligibility in the life sciences. Until now, the PTAB has been remarkably silent on eligibility in life …
What Happened to Judge Lourie in CLS Bank v. Alice Corp?
The first thing that any student of the Federal Circuit likely notices when reading CLS Bank is that Judge Lourie not only joined the dominant concurrence, but …
In re Lovin: The Examiner’s Answer is Too Late To Make a Proper Rejection of Dependent Claims
Lovin has received exceptional attention in the patent law blogosphere. In short, Lovin permits an examiner to wait until an examiner’s answer to explain how and …
Having it Both Ways: the USPTO’s Inconsistent Positions in In re Lovin and Kappos v. Hyatt
Since 1993, the United States Patent & Trademark Office (USPTO) has pursued an “aggressive campaign” to free itself from oversight by and accountability to the courts. [1] At the same …
A Fanciful False Marking Fiction By a Cottage Industrialist
The day starts out quiet enough. I wake up and scoop my contacts out of the Clear Care® contact lens solution they’re swimming in. Blinking rapidly …