News & Analysis as of

Personalized Medicine Patent-Eligible Subject Matter

Foley & Lardner LLP

Unpacking The Solicitor General’s Brief In Vanda

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Responding to the invitation from the Supreme Court, the Solicitor General for the United States has filed an amicus brief for the United States in Hikma Pharmaceuticals USC Inc. v. Vanda Pharmaceuticals Inc. Stakeholders...more

Foley & Lardner LLP

USPTO October 2019 Patent Eligibility Guidance Update Includes New Example for Products of Nature

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We previously discussed the new personalized medicine example in the USPTO’s October 2019 Patent Eligibility Guidance Update. Here, we look at the new nature-based product example, and consider how it may impact...more

Foley & Lardner LLP

Personalized Therapy Patent Falls as Patent-Ineligible

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In a non-precedential opinion, the Federal Circuit held as patent-ineligible patent claims to personalized therapy to treat patients who would benefit from inhaled nitric oxide treatment and withhold treatment from patients...more

Bradley Arant Boult Cummings LLP

For the First Time, a Medical Treatment Patent Is Ruled Invalid Under Mayo/Myriad

As discussed in a previous blog post, since Mayo v. Prometheus, critics of medical treatment patents have advocated that such patents should be banned from patenting. While such arguments seemed futile based on the consistent...more

Foley & Lardner LLP

Federal Circuit Finds Method Withholding Treatment Ineligible For Patenting

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In its non-precedential decision in INO Therapeutics LLC v. Praxair Distribution Inc., the Federal Circuit agreed with the district court that method of treatment claims reciting “excluding” specific patients from treatment...more

Foley & Lardner LLP

USPTO Releases 2019 Eligibility Update

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On January 4, 2019, the US Patent and Trademark Office (USPTO) announced revised guidance for determining subject matter eligibility under 35 U.S.C. § 101 for computer-implemented inventions (Guidance). The Guidance takes...more

Mintz

With its Vanda Pharma and Berkheimer Memos, USPTO Provides Increased Clarity and Predictability in the Patent Eligibility...

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In the time since the Federal Circuit issued its Vanda Pharma decision in April, Vanda Pharm. Inc. v West-Ward Pharm. Intl. Ltd. 887 F.3d 1117 (Fed. Cir. 2018), we have had more good news for the patent eligibility of claims...more

Mintz - Intellectual Property Viewpoints

With its Vanda Pharma and Berkheimer memos, USPTO provides increased clarity around personalized medicine patent eligibility

In the time since the Federal Circuit issued its Vanda Pharma decision in April, Vanda Pharm. Inc. v West-Ward Pharm. Intl. Ltd. 887 F.3d 1117 (Fed. Cir. 2018) the US Patent and Trademark Office (USPTO) has issued two memos...more

Foley & Lardner LLP

Federal Circuit Finds INOMax Mental Steps Obvious As Ineligible Printed Matter

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In Praxair Distrib., Inc. v. Mallinckrodt Hospital Prods. IP Ltd., the Federal Circuit found that the printed matter doctrine applies equally to physically embodied information and mental steps, and can be invoked in the...more

Husch Blackwell LLP

Personalized Medicine Patents: Federal Circuit Gives Personalized Medicine Patents A Shot In The Arm

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For those of you who may have lost hope regarding the patentability of personalized medicine discoveries, here’s some encouragement. Recently the Federal Circuit affirmed the validity of a patent directed to a method of...more

Mintz - Intellectual Property Viewpoints

Personalized Medicine Gets a Boost from Federal Circuit’s Vanda Pharma Decision – Part II: Enforcement

The Federal Circuit’s decision in Vanda Pharm. Inc. v West-Ward Pharm. Intl. Ltd. (2016-2707, 2016-2708 April 13, 2018) provided some good news on the subject matter eligibility front for innovators and other stakeholders in...more

Mintz

Personalized Medicine Gets a Boost from Federal Circuit’s Vanda Pharma Decision

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The Federal Circuit provided a welcome boost for stakeholders in the field of personalized medicine with its recent decision in Vanda Pharm. Inc. v West-Ward Pharm. Intl. Ltd. (2016-2702, 2016-2708 April 13, 2018). Vanda...more

Dorsey & Whitney LLP

Federal Circuit Finds Personalized Medicine Invention Subject Matter Eligible

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The Federal Circuit recently held claims for a personalized medicine treatment were patent eligible and valid. The claims at issue were directed toward administering specific dosages of a drug in the presence or absence of a...more

Foley & Lardner LLP

USPTO Finds SureGene Personalized Medicine Treatment Unpatentable Under Mayo

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In Ex Parte Timothy, the USPTO Patent Trial and Appeal Board (PTAB) affirmed the Examiner’s rejection of personalized medicine treatment claims. This decision highlights the PTAB’s willingness to invalidate claims that it...more

Foley & Lardner LLP

Cleveland Clinic Decision Highlights Catch-22 Of Personalized Medicine Patents

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The Federal Circuit decision in Cleveland Clinic Foundation v. True Health Diagnostics LLC, strikes another blow against the patent eligibility of diagnostic methods and highlights the difficulty of enforcing personalized...more

Foley & Lardner LLP

PTAB Puts Method Of Treatment Patents Under The 101 Knife

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While the Supreme Court decisions in Myriad and Mayo have been applied to diagnostic-type claims, method of treatment patents were thought to be safe from the recent judicial expansion of the patent-(in)eligibility doctrine....more

Foley & Lardner LLP

Federal Circuit Knocks Out Patents After CBM Challenge

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Apple successfully invalidated three patents for failure to recite patent eligible subject matter. Apple, Inc. v. Ameranth, Inc., 2015-1792, 2015-1793 (Fed. Cir. 2016). The patents relate to synchronous communication systems...more

Foley & Lardner LLP

Federal Circuit’s Recent Primer on Patent-Eligibility

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A method of producing a desired population of multi-cryopreserved hepatocytes was held to be patent-eligible because the challenged claims did not recite a judicial exception. Rapid Litig. v. CellzDirect, Inc.., 2015-1570...more

Foley & Lardner LLP

Supreme Court Deals Blow To Diagnostic Method Patents, Denies Cert In Sequenom

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“If you can’t say something nice, don’t say anything at all” can be good words to live by, but in the context of the Supreme Court’s denial of certiorari in Sequenom, the silence is deafening–and could have a chilling impact...more

Foley & Lardner LLP

Will the Supreme Court Clarify Patent-Eligibility?

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The United States Supreme Court is set to render its decision on the grant or denial of Sequenom, Inc.’s (“Sequenom’s”) petition for writ of certiorari that posed the issue: ..Whether a novel method is patent-eligible...more

Ladas & Parry LLP

IP Developments In Biotechnology And Trade Secrets

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2016 has been a year of IP changes and these changes have had an effect upon biotechnology as well as trade secrets. Patents: Will the U.S. Supreme Court Grant Cert. In Ariosa v. Sequenom? Ariosa v. Sequenom was...more

Foley & Lardner LLP

USPTO Releases Patent Eligibility Update

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On May 4, 2016, the USPTO released a “May 2016 Subject Matter Eligibility Update” (“Update”) providing guidance to patent examiners on formulating a subject matter eligibility rejection and evaluating an applicant’s response...more

Foley & Lardner LLP

Patent Subject Matter Eligibility – Impact on Litigation and Prosecution

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Personalized medicine relies on diagnostic technologies to accurately evaluate a patient’s clinical or genetic signature to guide treatment decisions. Protecting innovation by patenting the diagnostic methods and tools that...more

Foley & Lardner LLP

Protecting Diagnostic Innovation – Two Actor Infringement Liability

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In Akamai Techs. Inc. v. Limelight Networks, Inc., (August 13, 2015 Fed. Cir.) an en banc Federal Circuit unanimously held that direct infringement under Section 271(a) can occur...more

Foley & Lardner LLP

Federal Circuit Holds Sequenom Diagnostic Method Patent Invalid Under 101

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On Friday, June 12, 2015, the Federal Circuit issued its decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc., affirming the district court's finding that Sequenom’s claims are invalid under 35 USC § 101. The court's...more

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