In This Presentation:
- What *Should* be Eligible for a Patent?
- And According to Congress
- What are the Exceptions to Eligibility?
- Mayo Collaborative Services v. Prometheus Laboratories, 566 U.S. __ (March 20, 2012)
- Sample Claim in Prometheus
- The “Law of Nature”
- The Decision
- The “Administering” Step
- The “Determining” Step
- The “Wherein” Clauses
- Myriad on Remand after Prometheus– What to Expect?
- Myriad “Isolated DNA”Claims
- Myriad Diagnostics Claims
- Myriad Screening Claims
- Where Does the Case Law Leave Us?
- Enforcing Patents and “Split Infringement”
- Akamai v. Limelight (continued)
- McKesson v. Epic Systems (Fed. Cir. 2011)
- Akamai and McKesson
- Akamai and McKesson – What Impact?
- Recommendations after Prometheus
- Hint #1: Include Significant “Post-Solution Activity”
- Hint #2: Include “Several Unconventional Steps”
- Hint #3: Avoid “improperly tying up the future use of laws of nature”
- Hint #4
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