Federal Circuit Patent Updates - November 2008

Federal Circuit Patent Updates - November 2008

Publication

View previous month...

In Re Basell Poliolefine Italia S.P.A. (No. 07-1450) (Newman, Lourie, Linn)

November 13, 2008 3:56 PM

(Lourie) Affirming rejection based on obviousness-type double patenting for claims directed method of polymerization. Newman dissented.

A full version of the decision is available here.

In Re DBC (No. 08-1120) (Linn, Dyk, Stearns)

November 3, 2008 3:41 PM

(Linn) Affirming rejection of claims directed to a "nutraceutical composition" from the fruit of the mangosteen tree as obvious. The applicant waived any objection to the administrative patent judge based on the Appointments Clause. Evidence of commercial success was insufficient to rebut prima facia case of non-obviousness where applicant failed to demonstrate appropriate nexus.

A full version of the decision is available here.

Notice

We appreciate your interest in WilmerHale. While we are pleased to have you contact us, please keep in mind that merely contacting WilmerHale does not create an attorney-client relationship. Such a relationship will not arise until the Firm agrees in writing to represent you in connection with a particular matter. Importantly, unless and until this has occurred, you should not provide us with any confidential information, and we have no duty to keep confidential any information that we may receive from you. Thank you for your understanding.