Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged patent-eligible · clear
C R BARD INC. v. ANGIODYNAMICS, INC. Before Reyna, Schall, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Claims that recited printed matter but arguably included an inventive concept beyond the printed…
Today, a divided Fed. Cir. panel reversed the district court’s decision invalidating the claim of two Illumina patents, U.S. Pat. Nos. 9,580,751 and 9,738,931, as directed to a natural phenomenon (Illumina, Inc. v. Ariosa Diagnostics, Inc., Appeal…
The origin of the idea that natural phenomena, like the law of gravity, cannot be patented, even by their discoverer, is well-settled law. In Gottschalk v. Benson, the Supreme Court stated, in dictum: “Phenomena of nature, though just discovered,…
The Examiner in Appeal no. 2017-003416 (Mar. 1, 2019) had rejected this claim as directed to a natural product: “18. An in vitro culture comprising a substantially pure, replenishable population of synchronous primate trophoblast cells, wherein the…
Hikma Pharms. and West-Ward Pharms petition for cert. to reverse the Fed. Cir.’s decision in Vanda v. West-Ward that methods of medical treatment are patentable. The Supreme Court’s now-infamous Mayo decision, invalidated claims to a method for…
A September 6th post by Dennis Crouch at PatentlyO (“ A Mixture of Known Compounds is Unpatentable without a Transformation “) led me to a closer reading of the cert. petition filed in Bhagat v. Iancu, (Case No. 18-277) an appeal from In re…
I will start out by recommending that you read all of MPEP 2106 – Patent Subject Matter Eligibility . I rarely admire PTO policy rules and guidelines, but this section reflects a lot of work, particularly in the standards for evaluating whether or…
On January 25, a team at the Chinese Academy of Sciences published an online paper that will appear in Cell, 172, 1-7 (Feb. 8, 2018) reported the cloning of two Macaque Monkeys by Somatic Cell Nuclear Transfer. While non-primate animals such as mice, sheep…
According to the “Mayo/Alice” rule, if a claim is directed to a “natural phenomena” such as the relationship between the a drug’s metabolite concentration following administration of an immunosuppressive drug and the…
Written by Damien Howard and Ronald J. Schoenbaum The Federal Circuit recently decided a patent subject-matter eligibility case relating to computer memory in Visual Memory LLC v. Nvidia Corp. In a divided opinion, the Federal Circuit reversed the district…
In The Cleveland Clinic Foundation v. True Health Diagnostics , the Fed. Cir. panel held that a claim to a diagnostic method for determining a test subject’s risk for atherosclerotic cardiovascular disease (CD) by comparing MPO levels in the bodily…
Written by Chang Lim and Michael L. Fuller Introduction On May 23, 2017, the District Court for the Eastern District of Virginia (“District Court”) denied a motion for summary judgment that the patent claims asserted in a lawsuit brought by…
