Patent Law Weblog
recent posts
- Meanwhile, Back at the PTAB with CRISPR – Update
- Judge Newman Seeks Recourse from Supreme Court
- Quo Vadis mRNA Vaccine Technology? The State of the IP Lawsuits
- Moderna Settles Patent Litigation with Arbutus et al.
- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
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Category: Patentable Subject Matter
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By Michael Borella — Recipe for a contentious Federal Circuit decision: empanel two judges who have different understandings of the patent-eligibility of computer-related inventions, sprinkle in a claim or two that could be viewed as a pure business method, let simmer. Judge Lourie and Chief Judge Rader are at it again, carrying out their ongoing…
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By Donald Zuhn — Last week, the American Civil Liberties Union (ACLU), ACLU of Utah Foundation, Inc., Public Patent Foundation (PUBPAT), Association for Molecular Pathology (AMP), Breast Cancer Action, and AARP submitted an amici curiae brief in two infringement actions brought by Myriad Genetics, Inc. (and the University of Utah Research Foundation, Trustees of the…
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By Donald Zuhn — Last month, Consumer Watchdog filed its opening brief in an appeal of a Board decision affirming the patentability of U.S. Patent No. 7,029,913, arguing that the claims of the '913 patent are invalid because they cover ineligible subject matter and were anticipated and obvious. The appeal arises from an inter partes…
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By James DeGiulio — On July 22, BIO hosted the first IP and Diagnostics (IPDx) Symposium in Alexandria, Virginia, which was organized to open a dialogue regarding the latest developments in diagnostics and personalized medicine. The symposium covered a wide range of topics in the field, including obtaining patent protection, regulatory & reimbursement, and business…
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Guest Post by Sean Brennan — As we all know by now, the Supreme Court last month decided that isolated genes are not eligible for patenting. Although seemingly drawing a clear-cut distinction between DNA molecules having the same sequence as that which occurs in nature (genes), and DNA molecules having different sequences from those that…
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By Donald Zuhn — It has been just over two weeks since the Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., holding that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, and determining that cDNA is patent…
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By Michael Borella — It has been just over a month since the Federal Circuit's fractured en banc ruling in CLS Bank Int'l v. Alice Corp. regarding patent-eligibility of computer-implemented inventions under 35 U.S.C. § 101. Last week, the Court decided another § 101 case, Ultramercial, Inc. v. Hulu, LLC. Of interest is that the…
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By Kevin E. Noonan — The Supreme Court's decision in the Myriad case has been almost universally hailed as being a great victory for patients, doctors, personalized medicine, and research. Precluding patenting for "merely" isolated human DNA, while permitting cDNA to be patent-eligible, is seen as being a rational compromise ("The Supreme Court got it…
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By Michael Borella — In an example of judicial reasoning rolling downhill, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) has struck down claims directed to a computer-implemented business method as failing to meet the requirements of 35 U.S.C. § 101. Applying the Supreme Court's test of Mayo v. Prometheus, and…
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By Daniel Boehnen — Last week, The Supremes once again stepped into an area of science/law where their limited knowledge of both fields will create more harm than good. The Supremes' say that the problem with isolated and purified DNA is that it is not chemically distinct from naturally occurring DNA, like cDNA, but persons…
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