On March 24th, Patents4Life forgot to celebrate its 4th anniversary. On March 24, 2009, I started the blog (or is it “blawg”) by posting three articles on fairly recent Fed. Cir. decisions. One of the articles discussed the application of the then-recent “Bilski test” to the claims in suit in Classen v. Biogen (2008 WL 5273107) which involved a method of developing improved immunization schedules. The summary affirmance of the district court’s decision was based on the “machine or transformation test” developed in Bilski. Since at least one of the claims recited immunizing subjects, I wrote:
“The Bilski standard, now being applied in the area of biomedical technology, poses a significant threat to the viability of patents claiming diagnostic methods.”




