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Patent Prospector: And = Or
1 Apr 2008 by Patent Hawk  
In re Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007) ("[A]s the Supreme Court suggests, a flexible approach to the TSM test prevents hindsight and focuses on evidence before the time of invention."). ... Lamps Plus, Inc., 295 F.3d 1277, 1288 (Fed. Cir. 2002) ("Objective indicia may often be the most probative and cogent evidence of nonobviousness in the record.") (internal citation omitted). See also Pharmastem Therapeutics Inc. v. Viacell, Inc., 491 F.3d ...
Patent Prospector - http://www.patenthawk.com/blog/ - References

Patent Docs: Pharmastem Therapeutics, Inc. v. Viacell, Inc. (Fed ...
11 Jul 2007 by Donald Zuhn  
5192553 ("the '553 patent"), a continuation-in-part of the '681 patent; the '681 patent was the subject of three re-examinations. Claim 1 of the '681 patent (as amended on re-examination) reads as follows: .... A new biotech infringement decision as issued this week by the U.S. Court of Appeals for the Federal Circult, which ruled in favor of ViaCell against Pharmastem in PharmaStem Therapeutics, Inc. v. Viacell, Inc. (Fed. Circuit 2007).The press release iss. ...
Patent Docs - http://patentdocs.typepad.com/patent_docs/

The Fire of Genius » Verifying a predictable result? “Not ...
9 Jul 2007 by Joe  
The Federal Circuit's decision today in PharmaStem Therapeutics, Inc. v. Viacell, Inc., Nos. 05-1490, -1551, slip op., 2007 WL 1964863 (Fed. Cir. July 9, 2007), overturns a jury's “not invalid for obviousness” verdict to strike down ... of a new compound must be verified through testing does not mean that the compound satisfies the test for patentability “since the expectation of success need only be reasonable, not absolute”); In re Merck & Co., 800 F.2d 1091, 1097 (Fed. ...
The Fire of Genius - http://www.thefireofgenius.com/ - References

Patent Law Blog (Patently-O): CAFC: Proving Utility Is Not Inventive
10 Jul 2007 by Dennis Crouch  
PharmaStem Therapeutics, Inc. v. Viacell, Inc. (Fed. Cir. 2007) PharmaStem sued six defendants for infringement of its broadly written patents covering cryopreserved umbilical cord stem cells useful for hematopoietic reconstitution. ... Re: invalidity - evidently the fact that the inventors succeed where many others had failed was deemed immaterial to the determination of non-obviousness. Not clear to me how that squares with Graham v John Deere. ...
Patent Law Blog (Patently-O) - http://www.patentlyo.com/patent/ - References
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patent claims against viacell said rejected (ap via yahoo! finance)
1 May 2006 by Patricia  
finance) biotech company viacell inc. said monday two of pharmastem therapeutics inc.'s patent infringement claims against it were rejected by the patent and trademark office after re-examination.
Patent Search and Filing - http://patentsearchandfiling.com/

IPBiz: CAFC reverses WD Pa in Muniauction v. Thomson
14 Jul 2008 by Lawrence B. Ebert  
PharmaStem Therapeutics, Inc. v. ViaCell, Inc., 491 F.3d 1342, 1360 (Fed. Cir. 2007) (citing Caver v. City of Trenton, 420 F.3d 243, 262 (3d Cir. 2005)). “Those factual underpinnings include the scope and content of the prior art, differences between ... In re Mraz, 455 F.2d 1069, 1073 (CCPA 1972)). Of method claims: The law of this circuit is axiomatic that a method claim is directly infringed only if each step of the claimed method is performed. BMC Resources, Inc. v. ...
IPBiz - http://ipbiz.blogspot.com/ - References
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us patent office issues office actions rejecting all claims in two ...
2 May 2006
viacell, inc. today announced that, following a re-examination, the united states patent and trademark office has issued office actions rejecting all of the claims of pharmastem therapeutics inc.'s us.
Cord blood - http://cord-blood.attain1.info/

The 271 Patent Blog: CAFC Flexes It's Muscle on Obviousness ...
10 Jul 2007 by Two-Seventy-One Patent Blog  
PharmaStem Therapeutics, Inc. v. Viacell, Inc. (05-1490) July 9, 2007 PharmaStem sued Viacell and 5 other defendants over broad patents related to stem cell medical treatment for persons having compromised blood and immune systems. .... Also, Judge Newman came close to accusing the majority of exceeding its appellate authority by re-trying the case on appeal. Some notable quotes follow: The discoveries of these inventors were met with universal acclaim and widespread ...
The 271 Patent Blog - http://271patent.blogspot.com/
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United States Court of Appeals for the Federal Circuit
15 Sep 2009
See In re Kubin, 561 F.3d 1351, 1360 (Fed. Cir. 2009) (“[S]tated in the familiar terms of this court's longstanding case law, the record shows that a skilled artisan would have had a resoundingly 'reasonable expectation of success' in ... See Pharmastem Therapeutics, Inc. v. Viacell, Inc., 491 F.3d 1342, 1360 (Fed. Cir. 2007) (“[T]he burden falls on the patent challenger to show by clear and convincing evidence that a person of ordinary skill in the art would have had ...
FindLaw Opinion Summaries - Criminal - http://caselaw.lp.findlaw.com/casesummary/
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The Washington University v. Catalona - Sandra Day O'Connor ...
22 Oct 2008 by Deborah Pogson  
Genetic advances can be divided into two main categories: diagnostics and therapeutics. Although stem cell therapy and other genetic therapies have gotten most of the publicity relating to genetic advances, the diagnostic field in general and .... 2007), the Court of Appeals for the Federal Circuit ruled that PharmaStem's patents relating to a medical procedure using umbilical cord blood were invalid for obviousness because (1) the prior art suggested the idea of using ...
ASU Law Recent Web Updates - http://www.law.asu.edu/

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