Cleveland Clinic — Diagnostic claims
Clevland Clinic Foundation v. True Health Diagnostics (Fed. Cir 2017) applies the two-step Alice framework to several patents of Cleveland Clinic and finds each patent invalid under the framework. US…
DNA diagnostic claims –DNA alles
The claim at issue in Genetic Technologies Limited v. Merial LLC Fed. Cir. 2016, was the following: 1. A method for detection of at least one coding region allele of…
Treatment Steps in Diagnostic claims
The USPTO Patent Trial and Appeal Board found that treatment of a subject for pre-eclmpsia based on the elvel of soluble endoglin and sFlt-1 together was a specific application of…
May 2016 Life Science Example 31: Screening for an alteration of a BRCA1 gene
Example 31 from the May 2016 USPTO Examples have 5 claims which are as follows: 1. A method for screening germline of a human subject for an alteration of a…
Ariosa Diagnostics — Petition for rehearing en banc denied –Set up for the Supreme Court?
The US Court of Appeals for teh Federal Circuit on Dcember 2, 2015 denied the petition for rehearing en banc for Ariosa Diagnostics. The conurring opinions and dissenting opinions are,…
Some Take Home Points from High Court of Australia -Myriad Genetics
The High Court of Austrialia (October 7, 2015 order) has recently come down with a decision in the Myriad Genetics case which while having no precedent value for US court…
July 2015 Update – Interim Eligibility Guidance
The USPTO has issued a set of case examples under the categories (1) fundamental economic practices (2) an idea of itself (3) certain method of organizing human activity and (4)…
Ariosa Diagnostics – Diagnostic Method Claims
This case involves the discovery of cell-free fetal DNA (cffDNA) in maternal plasma and serum, a protion of maternal blood that before had been discarded as medical waste. Based on…
2014 Interim Guidance on Patent Subject Matter Eligibility
Natural Product analysis under the guidelines: A claim is considered to recite a nature based product limitation if that limitation does not exhibit markedly different characteristics from its naturally occurring…
Preliminary Examination Instructions in view of Alice v. CLS issued by the PTO
The USPTO has issued a June 25, 2014 Memorandum entitled "Priliminary Examination Instructions in view of the Supreme Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et…