Courtney Brinckerhoff posted an informative piece on the new proposed IDS fee changes.
You can read it here.
The Federal Register Notice is here:
Today, the Fed. Cir. affirmed the district court’s holding that the method for detecting paternally inherited nucleic acid of fetal origin in a sample of the mother’s blood was a patent-ineligible natural phenomenon. Ariosa Diagnostics, Inc. v Sequenom, Inc., Appeal No. 2014-1139, 2014-1144. (Fed. Cir. June 12, 2015). (A copy is available at the end of this post.) Although commentators have already begun to lament that this decision puts a stake in the heart of claims to diagnostic methods (what I call “If A, then B” claims), I am going to do my best to resist this conclusion.
Of the claims asserted in the case, only one (claim 21) recites “providing a diagnosis based on the presence and/or quantity and/or sequence of the foetal nucleic acid,” and no dependent claim identified what specific diagnosis (e.g., increased likelihood of Down’s syndrome) was provided (or to whom it was provided). Claim 1 was broadly directed to a method for detecting a paternally inherited nucleic acid of fetal original performed on a maternal serum or plasma sample from a pregnant female by amplifying a paternally inherited nucleic acid and detecting its presence in the sample.
Guest post from Greg Stark, attorney at Schwegman Lundberg & Woessner.
In a refreshing break from Alice/Mayo abstract idea based 35 U.S.C. § 101 rejections, the Federal Circuit released a decision invalidating certain claims of U.S. Patent No. 5,799,273 as not being directed to one of the four statutory categories of inventions (see Allvoice Developments US, LLC, v. Microsoft Corp., CAFC 2014-1258, decided May 22, 2015 – a copy is available at the end of this post). The matter was on appeal, by Allvoice, from a district court decision invalidating claims 60-68 as non-statutory subject matter. The decision also affirms a non-infringement decision by the district court, while interesting that that portion of the decision is not the focus of this post.
Guest Post from Don Chisum
On March 5-6, 2015 the Chisum Patent Academy held a two-day seminar at the 21C Museum Hotel in downtown Cincinnati, Ohio to discuss and debate current developments in U.S. patent law. The roundtable seminar group was limited to ten persons; sessions were led by treatise authors and educators Donald Chisum and Janice Mueller.
Attendees included experienced patent litigators and prosecutors from law firms and corporations in Detroit, Chicago, Phoenix, Cincinnati, Cleveland, St. Louis, and the Washington, DC area. Participants enjoyed the 21C’s Museum Hotel’s provocative modern art collection, innovative food and accommodations, and lively seminar discussion.
Here’s our recap of the takeaways from the seminar: