News & Analysis as of

DNA Mayo v. Prometheus Section 101

McDonnell Boehnen Hulbert & Berghoff LLP

An Analytic Approach to Patent Eligibility

The transcendental conundrum in patent law in these times is how to overcome the misinterpretation of the Supreme Court's decisions on patent eligibility law by district courts and the Federal Circuit.  That these courts...more

Fox Rothschild LLP

Illumina v. Ariosa: Carving Out A New “Bucket” Of Section 101 Patent Eligible Claims

Fox Rothschild LLP on

Case Summary- On March 17, 2020, the Federal Circuit found that patents claiming methods of preparing an extracellular fraction of cell-free DNA that is enriched in fetal DNA were patent eligible and not invalid under 35...more

Foley & Lardner LLP

A Patent-Eligible Diagnostic Method Claim

Foley & Lardner LLP on

On Friday I will be speaking at the AUTM Eastern Regional Meeting, on a panel discussing patent eligibility issues for life sciences inventions. My topic relates to what the USPTO refers to as “nature-based products,” but...more

Robins Kaplan LLP

The Federal Circuit Adds Partial Clarity to the Eligibility of Patents Directed to Purity

Robins Kaplan LLP on

For a long time, the hallmarks of patentability of an invention were basically two: is it new? is it non-obvious? If both answers were “yes,” then—provided that the patent itself was properly written—you’d get your patent. A...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution Newsletter - October 2018: How To Do The Two-Step In The United States: The Current State of...

In the wake of the Supreme Court’s Mayo and Alice decisions, uncertainty has surrounded what inventions are patent eligible in the United States. In Mayo and Alice, the Supreme Court developed a two-step test to determine...more

Patterson Belknap Webb & Tyler LLP

Ariosa Files Opposition to Sequenom’s Cert Petition

Ariosa Diagnostics, Inc., Natera, Inc., and DNA Diagnostics Center, Inc. have filed briefs in opposition to Sequenom’s petition for writ of certiorari to the Supreme Court for review of the Federal Circuit’s decision holding...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

Troutman Pepper

More Biotech and Diagnostic Patents At Risk After Federal Circuit Decision

Troutman Pepper on

On December 17, 2014, the Federal Circuit Court of Appeals found that certain claims relating to Myriad’s BRCA1 genetic test for breast and ovarian cancer were invalid under 35 U.S.C. § 101 as being ineligible for patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sequenom Files Opening Brief in Appeal of Summary Judgment on Section 101 Grounds

Earlier this week, Sequenom, Inc. filed its opening brief in Ariosa Diagnostics, Inc. v. Sequenom, Inc., appealing summary judgment that its licensed claims to a genetic diagnostic method for detecting fetal diseases and...more

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