Category Archives: Patentable Subject Matter

Athena Diagnostics, Inc. v. Mayo (D. Mass., August 4, 2017) – “That’s all,” She Wrote.

Please read my recent post about stage 1 of this proceeding, in which the Judge in 2016 found that the claims to diagnosing Myasthemia Gravis (MG) by adding MuSk to a patient sample and detecting any IgG autoantibody complexes that … Continue reading

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USPTO Holds First Roundtable on “Subject Matter Eligibility Guidelines”

On November 14th, the PTO hosted a roundtable discussion in Alexandria on s. 101 issues in which both industry reps and practitioners were invited to dissect the current Office guidelines. The structure was unique as there were 33 invited speakers … Continue reading

Posted in Patent Reform Legislation, Patentable Subject Matter, Section 101, USPTO Practice and Policy | 1 Comment

McRO v. Namco – Fed. Cir. Reverses s. 101 Invalidation of Animation Method Patents

I first posted on this case in September 2014, and urge you to find the post and the district court’s opinion in the Archives. It provides a good – well, adequate– description of the patented technology, which is a method to … Continue reading

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D. Mass Court Extends Myriad to Peptide Panels

In a great leap backwards for patenting life sciences, Magistrate Judge Cabell invalidated claims in a number of patents licensed to Oxford Immunotec that are directed to e.g., “A kit for diagnosing infection in a human host by, or exposure … Continue reading

Posted in Claiming Diagnostics, Obviousness, Patent Reform Legislation, Patentable Subject Matter | Leave a comment