On July 5, 2016, a three judge Fed. Circuit panel of Moore, Prost and Stoll (Appeal no. 2015-1570) reversed the district court’s holding that claims to a method of isolating “hardy” twice -frozen hepatocytes (as I called them in my post of April 26 summarizing the oral argument) were patent-ineligible as no more than a law of nature accompanied by routine cryopreservation steps. (Please go here and read my summary of the oral argument – it will save me some typing time.) )A copy of the decision can be found at the end of this post.)
In that post, I noted that Judges Moore and Stoll hold technical degrees and appeared undaunted by Mayo and the resulting Mayo/Alice test for patent-eligibility. Although Judge Prost did not ask as many questions of the parties during oral argument, she joined in the decision.