Category Archives: Patent Eligible Subject Matter

Cleveland Clinic II – Why Can’t a Diagnostic Conclusion be a Practical Application of a Natural Law?

Posted on April 4, 2019 by Warren Woessner

Because the Federal Circuit says it can’t, that’s why!  In Cleveland Clinic Foundation v. True Health Diagnostics LLC, 859 F.3d 1352 (Fed. Cir. 2017), the panel held patent-ineligible claims to a method of assessing a test subject’s risk of having … Continue reading →

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Endo v. Teva – Correlation Diagnostic Plus Treatment is Patent Eligible under s. 101

Posted on March 29, 2019 by Warren Woessner

In Endo v. Teva, Appeal 2017-1240 (Fed. Cir., March 19, 2019), a Fed. Cir. panel of Judges Stoll, Wallach and Clevenger unanimously found patent-eligible claims to a method of treating pain with oxymorphone, based on the inventor’s discovery that there … Continue reading →

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Ex parte Ren-Hie Xu – Are Cultured Mammalian Cells Natural Products?

Posted on March 27, 2019 by Warren Woessner

The Examiner in Appeal no. 2017-003416 (Mar. 1, 2019) had rejected this claim as directed to a natural product: “18. An in vitro culture comprising a substantially pure, replenishable population of synchronous primate trophoblast cells, wherein the synchronous primate trophoblast … Continue reading →

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Ex parte Hazokaki – Big Data Correlations in Abstract Idea “Clothing”

Posted on March 25, 2019 by Warren Woessner

In earlier posts, I discussed at least one group of claims directed to the difficulties in claiming manipulations of “big data.” In ex parte Hazokaki, Appeal 2018-003293 (PTAB, Feb. 5, 2019), the Examiner and the Board were confronted with claims … Continue reading →

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