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McDonnell Boehnen Hulbert & Berghoff LLP

Investment in Biotechnology Companies -- Nature Biotechnology Report

McDonnell Boehnen Hulbert & Berghoff LLP on

Despite an understandable amount of gloom and doom in patenting circles regarding the effects of the recent Supreme Court and Federal Circuit jurisprudence on life sciences patents (Mayo v. Prometheus; AMP v. Myriad Genetics;...more

Knobbe Martens

New USPTO Subject Matter Eligibility Guidance Following CellzDirect and Sequenom

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On July 14, 2016, the U.S. Patent and Trademark Office issued new subject matter eligibility guidance for life science claims following a ruling by the Federal Circuit in Rapid Litigation Management v. CellzDirect, No....more

Foley & Lardner LLP

USPTO Patent Eligibility Guidance In View Of CellzDirect And Sequenom

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On July 14, 2016, the USPTO issued a Memorandum to the Patent Examining Corps on patent eligibility in view of recent court decisions. The July 2016 Memorandum extracts more guidance for assessing patent eligibility from the...more

Foley Hoag LLP

Federal Circuit Offers Path Through Section 101 Thicket for Biotech Method Patents

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In its July 5, 2016 decision in Rapid Litigation Management Ltd and In Vitro, Inc. v. CellzDirect, Inc. and Invitrogen Corp., the Federal Circuit held that patent claims directed to an improved method of cryopreserving...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Denies Sequenom’s Cert Petition, Leaving the Federal Circuit’s Interpretation of the Mayo/Alice Patent Eligibility...

Patterson Belknap Webb & Tyler LLP on

The Supreme Court today denied Sequenom Inc.’s petition for writ of certiorari, in which Sequenom asked the Court to review a decision of the Federal Circuit invalidating its patent on a breakthrough prenatal diagnostic...more

BCLP

With a Focus on Life Sciences Claims, USPTO Issues 2016 Guidance on Patentable Subject Matter

BCLP on

Earlier this month, the U.S. Patent & Trademark Office (“USPTO”) issued updated guidance to its examining corps concerning subject matter eligibility rejections and responses under 35 U.S.C. § 101. The 2016 Guidance,...more

Patterson Belknap Webb & Tyler LLP

Biotech Industry Supports Cert in Sequenom to Avert “Crisis of Patent Law and Medical Innovation”

Patterson Belknap Webb & Tyler LLP on

The biotechnology and life sciences community has voiced broad support for Sequenom’s recent request that the Supreme Court review the Federal Circuit’s decision holding Sequenom’s diagnostic fetal DNA patent ineligible under...more

BakerHostetler

Supreme Court Asked to Clarify Limits on Diagnostic Method Patents

BakerHostetler on

Arguing that the current state of the law weakens the patent system and poses a danger to life science innovators, biotechnology company, Sequenom, Inc., has filed a writ of certiorari with the U.S. Supreme Court, asking the...more

Foley & Lardner LLP

Judge Dyk Would Add Reduction To Practice To Patent Eligibility Requirement

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As noted in a previous article, the Federal Circuit has denied rehearing in Ariosa Diagnostics, Inc. v. Sequenom, Inc.. The per curiam order was accompanied by two separate concurring opinions, one authored by Judge Lourie...more

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