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Product of Nature Doctrine Method Claims

McDermott Will & Emery

Doggonit: Method for Detecting Genetic Mutation Found Subject Matter Ineligible

McDermott Will & Emery on

In a case relating to methods for genotyping a canine breed, the US Court of Appeals for the Federal Circuit upheld a district court’s judgment as a matter of law that the asserted claims were not subject matter eligible...more

McDermott Will & Emery

A Special “Treatment” for Patent Eligibility

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Addressing the patentability of method-of-treatment claims, the US Court of Appeals for the Federal Circuit issued two decision finding such claims patent eligible. Natural Alternatives Int’l, Inc. v. Creative Compounds, LLC,...more

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

Federal Circuit Upholds Invalidity of Cleveland Clinic’s Claims Directed to Methods for Detecting an Elevated MPO Concentration

In Cleveland Clinic Foundation, Cleveland Heartlab, Inc. v. True Health Diagnostics LLC, (Cleveland Clinic II)[1], a unanimous panel of the Federal Circuit provided yet another guidepost illustrating what is not...more

Knobbe Martens

Natural Alternatives International, Inc. v. Creative Compounds, LLC.: Dietary Supplement Containing A Natural Product Incorporated...

Knobbe Martens on

In Natural Alternatives International, Inc. v. Creative Compounds, LLC., Appeal No. 2018-1295, a divided panel of the Federal Circuit reversed and remanded a decision by the District Court for the Southern District of...more

Stinson LLP

Federal Appeals Court Cautions Against Overapplication of Alice in Biotechnology

Stinson LLP on

In Natural Alternatives Intl. v. Creative Compounds, LLC, the U.S. Court of Appeals for the Federal Circuit reversed a decision by a lower court finding claims directed to dietary supplements containing beta-alanine...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2019 #3

PATENT CASE OF THE WEEK - Natural Alternatives Int’l v. Creative Compounds, LLC, Appeal No. 2018-1295 (Fed. Cir. Mar. 15, 2019) In an appeal from a judgment on the pleadings, the Federal Circuit reversed, issuing an...more

Knobbe Martens

Athena Diagnostics, Inc. v. Mayo Collaborative Services

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Federal Circuit Summaries - Before Judge Newman, Lourie and Stoll. Appeal from the United States District Court for the District of Massachusetts. Summary: Claims reciting only conventional steps to detect a natural...more

Bradley Arant Boult Cummings LLP

Rules for Patenting Genetic Biomarkers Are Updated in Roche v. Cepeid

As the readers of this blog are no doubt aware, patenting DNA defined only by a naturally occurring nucleotide sequence was banned by the U.S. Supreme Court in the landmark case of Association for Molecular Pathology v....more

Knobbe Martens

Roche Molecular Systems, Inc. v. Cepheid

Knobbe Martens on

Federal Circuit Summary - Before O’Malley, Reyna, and Hughes. Appeal from the District Court for the Northern District of California. Summary: Testing for the presence of a bacterium that causes tuberculosis and the...more

Knobbe Martens

USPTO issues Memo on Patent Eligibility of Method of Treatment Claims

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The United States Patent and Trademark Office (USPTO) recently issued a memo providing examination guidance on the subject matter eligibility of the method of treatment claims. The memo discussed the recent Federal Circuit...more

Foley & Lardner LLP

Medical Treatment Patent Claims Held Patentable Subject Matter Under the Alice/Mayo Section 101 Test

Foley & Lardner LLP on

In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd, Slip Op. (Nos. 2016-2707, 2016-2708, April 13, 2018) the U.S. Court of Appeals for the Federal Circuit provided useful guidance for patentees seeking to...more

Knobbe Martens

Intellectual Property Impacts of In Vitro Gametogenesis

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In vitro gametogenesis (IVG) is a recent development in reproductive technology, and has been used for creating mouse embryos in vitro. IVG includes obtaining cells from a donor (such as skin cells), and differentiating the...more

Foley & Lardner LLP

Federal Circuit Upholds Vanda Fanapt Personalized Method Claims Against Patent Eligibility Challenge

Foley & Lardner LLP on

In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd., a divided panel of the Federal Circuit upheld Vanda’s personalized method of treatment claims relating to its Fanapt® (iloperidone) product against a...more

Knobbe Martens

Recent Development on Patent Eligibility of Method of Treatment Claims

Knobbe Martens on

The United States Patent and Trademark Office (USPTO) recently published a new revision to the Ninth Edition of the Manual of Patent Examining Procedure (MPEP) (Revision 08.2017). This revision added a number of chapters...more

Fenwick & West LLP

USPTO's Patent Subject Matter Eligibility Roundtable on Dec. 5, 2015

Fenwick & West LLP on

On December 5, 2016 the USPTO will hold its second Patent Subject Matter Eligibility Roundtable to discuss issues in patent eligibility. The USPTO published a list of eighteen questions in anticipation of the event, dealing...more

Knobbe Martens

The Supreme Court’s Decisions Not to Hear Patent Cases Leaves Federal Circuit Decisions on Key Questions Intact

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The Supreme Court recently declined to hear several patent cases, thus leaving the decisions by the Federal Circuit intact. Issues that were not taken up by the Supreme Court include (1) whether performing patented methods...more

McDonnell Boehnen Hulbert & Berghoff LLP

Femto-Sec Tech, Inc. v. Lensar, Inc. (C.D. Cal. 2016)

Patent Having Claims That Apply Law of Nature Is Patent-Eligible - On June 8, 2016, the U.S. District Court for the Central District of California issued an order denying a motion to dismiss, and found that U.S. Patent...more

McDermott Will & Emery

Federal Circuit Affirms Ariosa, but Not Without Concerns (Ariosa Diagnostics, Inc. et al. v. Sequenom Inc. et al. (Fed. Cir....

Denying a petition for en banc rehearing, the U.S. Court of Appeals for the Federal Circuit confirmed the panel’s decision that Sequenom’s patent claiming “a method of detecting paternally inherited nucleic acid” is an...more

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