Subject Matter Eligibility and Divided Infringement Update

In the wake of the U.S. Supreme Court's Prometheus decision earlier this year, the U.S. Court of Appeals for the Federal Circuit recently handed down a few important decisions that will affect strategies for obtaining claims in the fields of diagnostics, biomarkers, and personalized medicine. In this video, Elizabeth J. Haanes, Ph.D., a director with Washington, DC-based intellectual property law firm Sterne, Kessler, Goldstein & Fox P.L.L.C., discusses the impact of these decisions. See more +
In the wake of the U.S. Supreme Court's Prometheus decision earlier this year, the U.S. Court of Appeals for the Federal Circuit recently handed down a few important decisions that will affect strategies for obtaining claims in the fields of diagnostics, biomarkers, and personalized medicine. In this video, Elizabeth J. Haanes, Ph.D., a director with Washington, DC-based intellectual property law firm Sterne, Kessler, Goldstein & Fox P.L.L.C., discusses the impact of these decisions.

In Prometheus, claims to a method of optimizing a therapeutic treatment were not eligible for patenting because they were directed to a law of nature – subject matter that is ineligible for patenting. While that decision established some obstacles to obtaining useful and enforceable personalized medicine claims, the more recent Federal Circuit decisions may help to soften the impact.

First, on August 16, 2012, the U.S. Court of Appeals for the Federal Circuit decided Association for Molecular Pathology v. Myriad Genetics. On August 31, 2012, the Federal Circuit (CAFC) handed down an en banc decision in two such "divided infringement" cases, Akamai v. Limelight,. and McKesson v. Epic. See less -

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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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