Category Archives: Patent Eligible Subject Matter

Warren Woessner Participates In Virtual Debate With Chris Hansen On The Myriad Lawsuit

Cameron MacKendrick sponsors podcasts on issues of interest in IP law. In this one, I am trying to explain the debate surrounding both the patentability of “natural products” as well as the patentability of diagnostic assays and their relationship t … Continue reading

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The Myriad Lawsuit: “Products Of Nature” And “Natural Phenomena” – Turning Back The Clock On Biotech To Erase The Future

On May 12, 2009, a coalition of interested parties, lead by the Association for Molecular Pathology, and including researchers and breast cancer patients, filed suit in the U.S. District Court for the Southern District of New York to invalidate certain … Continue reading

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IN SEARCH OF CHAKRABARTY, “NATURAL PHENOMENA” AND WHERE BILSKI WENT BAD, WITH A GLANCE BACK AT ARIAD.

I was finishing up my recent comment on the reexamination proceedings involving the Baltimore et al. patent, when a fragment of one of the Office Actions caught my eye and stuck in my mind. The Examiner is trying to explain … Continue reading

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Patent Office Bats Down Ariad’s ‘Hail Mary Claims’ In Reexamination

In my earlier post on Ariad v Lilly, there is a detailed discussion of the Federal Circuit’s recent decision that invalidated all of the claims-in-suit for failure to meet the written description requirement. The Federal Circuit rejected Lilly’s attempts to … Continue reading

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