Classen Immunotherapies, Inc. v. Biogen Idec

Federal Circuit's Classen Ruling on Section 101 Patent Eligibility


The Federal Circuit reconsidered its decision in Classen Immunotherapies v. Biogen Idec after its first decision was vacated by the Supreme Court in view of Bilski.

On remand, the Federal Circuit (Rader + Newman) found 2 of 3 claims patent eligible under 35 USC Sec. 101. See ppg. 6-7. The Court found the third claim not patent eligible. See pg. 8.

The INELIGIBLE claim recited:

"1. A method of determining whether an immunization schedule affects the incidence or severity of a chronic immune-mediated disorder in a treatment group of mammals, relative to a control group of mammals, which comprises

immunizing mammals in the treatment group of mammals with one or more doses of one or more immunogens, according to said immunization schedule, and

comparing the incidence, prevalence, frequency or severity of said chronic immune-mediated disorder or the level of a marker of such a disorder, in the treatment group, with that in the control group."

Moore dissented.

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Reference Info:Decision | Federal, Federal Circuit, Patent | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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