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Federal Circuit Declines to Follow U.S. Patent & Trademark Office § 101 Guidance and Holds Diagnostic Method Patent Claims Invalid

INTRODUCTION AND BACKGROUND - On April 1, 2019, in Cleveland Clinic Foundation v. True Health Diagnostics, LLC (“Cleveland Clinic II”), the Federal Circuit Court affirmed the district court’s decision holding claims...more

Methods For Using Natural Compounds Can Be Patent-Eligible

On March 15, 2019, in Natural Alternatives International Inc. v. Creative Compounds LLC,[1] the U.S. Court of Appeals for the Federal Circuit reversed a judgment on the pleadings holding patent claims directed to methods of...more

23andME, INC. v. Ancestry.com DNA, LLC

In 2003, for the first time in history, mankind sequenced an entire human genome. The endeavor – known as The Human Genome Project – took 13 years to complete....more

Methods of Treatment Survive Another § 101 Challenge – Pernix Ireland Pain DAC v. Alvogen Malta Operations Ltd.

On May 15, in Pernix Ireland Pain DAC v. Alvogen Malta Operations Ltd., the U.S. District Court for the District of Delaware upheld two sets of method of treatment patents as claiming patent eligible subject matter under 35...more

The Federal Circuit Addresses Patent Eligibility of Methods of Treatment For First Time Post-Mayo

Introduction - On April 13, 2018, the U.S. Court of Appeals for the Federal Circuit in Vanda Pharmaceuticals affirmed a district court decision regarding patent eligibility under 35 U.S.C. § 101 of a method of treatment. ...more

The Federal Circuit Disagrees Over How to Analyze Patent Eligibility

On March 8, 2018, the Court of Appeals for the Federal Circuit, in Exergen Corp. v. Kaz USA, Inc., held that patent claims involving body temperature detection were directed to patent-eligible subject matter under § 101. The...more

The Master Review Form Provides Insight into How the U.S. Patent & Trademark Office Treats Eligible Subject Matter Rejections...

On February 9, 2018, the United States Patent and Trademark Office (“USPTO”) held its first Chicago Regional Seminar, hosted by Northwestern University Pritzker School of Law. Stefanos Karmis, the Acting Director of the...more

Abstract Ideas and the USPTO: Examiner Guidance Post Enfish and TLI

On May 19, 2016, the U.S. Patent and Trademark Office issued a memorandum containing a summary of two recent Federal Circuit decisions along with a directive for how patent examiners should apply the holdings of the...more

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