Antoinette F. Konski

Antoinette F. Konski

Foley & Lardner LLP

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Latest Posts › Patent Applications


Nautilus Standard Sinks Dow Patents

Dow Chemical Company (“Dow”) lost a ruling that competitor NOVA Chemical Corporation and NOVA Chemicals Inc. (collectively “NOVA”) infringed claims of two Dow patents when the Federal Circuit applied the U.S. Supreme Court’s...more

9/1/2015 - Best Practices Definiteness Dow Chemical Indefiniteness Issue Preclusion Nautilus Inc. v. Biosig Instruments Patent Applications Patent Infringement Patent Invalidity Patent Litigation Patents Popular SCOTUS Stare Decisis Teva v Sandoz

Inventorship, Ownership Issues Cause Dismissal of Suit

On July 22, 2015, the U.S. District Court for the District of Maryland dismissed a long standing patent infringement suit brought by StemCells, Inc. against Neuralstem, Inc., on the ground that all those with an ownership...more

8/3/2015 - Joint Inventors Memorandum of Agreement Oral Contracts Patent Applications Patent Infringement Patent Litigation Patent Ownership Patent-in-Suit Patents Real Party in Interest Standing Stem cells USPTO

Federal Circuit Frames Test for Patent-Eligibility

Personalized medicine relies on diagnostics to analyze a patient for individualized therapy and for monitoring a patient’s health status. Some diagnostic tests use natural products, for example gene sequences, either as the...more

9/9/2014 - Patent Applications Patent Prosecution Patent-Eligible Subject Matter Patents Popular

Computer-Aided Selection Method Fails Patent-Eligibility

In SmartGene, Inc. v. Advanced Biological Labs., S.A., No. 2013-1186 (Fed. Cir., Jan. 24, 2014), the Federal Circuit held that a patent claiming the use of a computer to implement routine mental information-comparison and...more

2/11/2014 - Patent Applications Patent-Eligible Subject Matter Patents

Update on WARF Stem Cell Patent Challenge

As reported in my July 8, 2013 post, Consumer Watchdog (formerly known as The Foundation for Taxpayer and Consumer Rights) and the Public Patent Foundation (collectively “CW”) asked the Federal Circuit to determine if in...more

9/18/2013 - Biotechnology Genetic Materials Medical Research Patent Applications Patent-Eligible Subject Matter Patents Stem cells

A Patent Landscape Analysis: iPSCs

There are several emerging technology clusters in the induced pluripotent stem cell (iPSC) space. Simon Elliot and I conducted a patent landscape analysis focusing on issued U.S. patents and pending applications....more

5/21/2013 - Patent Applications Patents

A Cautionary Tale for Patent Applicants

When should a patent application be filed? Should it be filed prior to submission of a manuscript or abstract for peer-review or just prior to publication? In highly competitive technologies, it is prudent to file as soon as...more

4/5/2013 - America Invents Act First-to-File First-to-Invent Inventors Patent Applications Patent Reform Patents Prior Art

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