LexisNexis® Legal Newsroom
Eric E. Bensen on the Federal Circuit's Holding That Isolated Genes Are Patent Eligible

Addressing patent eligibility for the third time in less than a year, the Federal Circuit affirmed the long-standing rule that an isolated gene is patent eligible subject matter. However, it was the concurring and dissenting judges that agreed on the test to be used to determine eligibility. The fractured...

A Preview of the Supreme Court's Decision on Patent Eligibility in Mayo Collaborative Servs. v. Prometheus Labs

In Mayo Collaborative Servs. v. Prometheus Labs. (" Prometheus Labs. "), the Supreme Court will address the patent eligibility of a claimed process for the second time in two years. This time, at issue is a claimed process for maximizing the therapeutic efficacy of a specific class of drugs...

Prometheus v. Mayo: Diagnostic Methods Are Not Patentable Subject Matter

The Supreme Court in the case of Mayo Collaborative Servs.v. Prometheus Labs., Inc ., 2012 U.S. LEXIS 2316 (U.S. 2012) [ enhanced version available to lexis.com subscribers ] decided that diagnostic method claims that solely rely on a natural law are not patentable subject matter. The Court held that...

Fitch, Even, Tabin & Flannery LLP: Supreme Court Holds Prometheus Patents Invalid

On March 20, 2012, in Mayo Collaborative Services v. Prometheus Laboratories, Inc. , the U.S. Supreme Court issued a landmark decision on patent eligibility under the patent statute, a decision that specifically addressed the "laws of nature" exclusion for patent eligibility. Unanimously reversing...

Sheppard Mullin Richter & Hampton LLP: Supreme Court Holds That a Law of Nature Applied Using Known and Obvious Steps Is Not Patent Eligible

By Kevin Capps On March 20, 2012, the Supreme Court issued its much-anticipated decision in Mayo Collaborative Services, DBA Mayo Medical Laboratories, et al. v. Prometheus Laboratories, Inc . [ enhanced version available to lexis.com subscribers ], with potentially far-reaching ramifications for pharmaceutical...

Troutman Sanders LLP: Prometheus: Patent-Eligibility Revisited

[originally posted 4/2/2012] By Douglas "Doug" D. Salyers , James Moore Bollinger , Robert A. Angle , Daniel A. Ladow and George B. Snyder The Supreme Court's recent holding in Mayo Collaborative Services v. Prometheus Laboratories, Inc . [ enhanced version available to lexis.com subscribers...

Eric E. Bensen on the Supreme Court's Decision in Mayo Collaborative Servs. v. Prometheus Labs. on the Patent Eligibility of a Medical Diagnostic Claim

[originally posted 3/27/2012] In Mayo Collaborative Servs.v. Prometheus Labs., Inc ., 2012 U.S. LEXIS 2316 (U.S. 2012) [ enhanced version available to lexis.com subscribers ], the Court addressed the question of whether a claim that includes a law of nature (or a natural phenomenon or a mathematical...

Sheppard Mullin Richter & Hampton LLP: CLS Bank: The Patent Eligibility of Computerized Trading Platforms for Exchanging Obligations

By Barry Wilson and Martin Bader On July 9, 2012, a three judge panel of the Federal Circuit in CLS Bank International v. Alice Corporation (Appeal No. 2011-1301) (" CLS Bank ") [ enhanced version available to lexis.com subscribers ], decided a case of patent eligibility under 35 U.S.C....

On Remand, Federal Circuit Reverses Patent Ineligibility Findings

WASHINGTON, D.C. - ( Mealeys ) In a divided ruling, the Federal Circuit U.S. Court of Appeals today [August 16th] reversed a New York federal judge's determination that composition claims related to isolated DNA molecules are patent-ineligible products of nature and scientific principles pursuant...

Sheppard Mullin Richter & Hampton LLP: Federal Circuit Declines to Adopt Test for Patent Eligibility Set Forth in CLS Bank

By Martin Bader and Matthew M. Mueller A three judge panel (Lourie*, Prost, Wallach) of the Federal Circuit recently handed down the Federal Circuit's second decision in a month on patent eligibility under 35 U.S.C. §101 . In a unanimous decision, the court in Bancorp Services, L.L.C. v....

Fitch, Even, Tabin & Flannery LLP: Federal Circuit Will Hear CLS Bank Case En Banc

On July 9, 2012, the Court of Appeals for the Federal Circuit issued its opinion in CLS Bank v. Alice Corp. Pty., Ltd. [ enhanced version available to lexis.com subscribers ] , as discussed in an earlier Fitch Even alert . Today [Oct. 9th] the court ordered rehearing of the CLS Bank case en banc , for...

Certiorari Granted For A Second Time In Cancer Gene Patent Dispute

WASHINGTON, D.C. - ( Mealey's ) Less than a year after it returned to the Federal Circuit U.S. Court of Appeals a patent lawsuit over diagnostic test kits for determining hereditary risk of breast and ovarian cancer, the U.S. Supreme Court on Friday announced it will again take up the case (...

Mary LaFrance on the Patent Eligibility of Computer-Implemented Inventions: CLS Bank International v. Alice Corp.

The Supreme Court's previous musings on the patent-eligibility of software under § 101 have failed to provide the guidance needed by lower courts, practitioners, and patent owners. It illustrates the utter confusion. The jurists with the greatest sophistication on matters of patent law -- the...

Fitch Even IP Alert: Ultramercial—Strike Three, or Third Time's a Charm?

Regardless of how you feel about the old rubric “The third time’s a charm,” the Court of Appeals for the Federal Circuit (CAFC) reached a different result in its third consideration of Ultramercial’s patent claims than was reached the first and second times. This time, in Ultramercial...