Category Archives: Patent Eligible Subject Matter

Federal Circuit to Address Computer-Implemented Inventions En Banc

On October 9, 2012 the Fed. Cir. decided to revisit the divided panel decision in CLE Bank Int’l v. Alice Corp., Appeal No 11-10-1 (Fed. Cir. July 9, 2012) en banc. (A copy can be found at the end of … Continue reading

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PERSONALIZED MEDICINE TAKES OFF WHILE DIAGNOSTIC ASSAYS ARE GROUNDED

A front-page article yesterday in the New York Times and other major newspapers reminded me that drug development and methods of medical treatment will be driven by the genomics of increasingly sub-divided patient populations. As reported by GenomeWeb, summarizing an … Continue reading

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Federal Circuit Opinion On Myriad Remand

Today, the Federal Circuit issued its opinion following GVR from the Supreme Court in AMP v. USPTO and Myriad Genetics, Inc., App. No. 2010-1406 (August 16,2012). (A copy of the opinion is available at the end of this post.) Unfortunately, … Continue reading

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“APPLICATION DENIED”- PROMETHEUS IN ACTION

A mathematical equation, even directed toward solving a particular problem, cannot be patented. Prometheus (“Mayo”) 132 S. Ct. at 1299. However, in Diehr, the S. Ct. stated, hopefully, that “[a]n application of a law of nature or a mathematical algorithm … Continue reading

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