Topic
Diagnostic Method Patents
13 published works
Spicy IP
Diagnosing the Diagnostic Exclusion: Have Geron and Hirotsu Resolved the Delhi High Court’s Troubles?
By SpicyIP
Section 3(i) of the Patents Act has long left the boundaries of diagnostic method exclusions uncertain, despite repeated judicial engagement. Two recent Delhi High Court decisions now offer the clearest…
Allens Insights
InIP: Important developments for offshore diagnostic testing
By Allens
Diagnostic methods are patentable in Australia 4 min read In Ariosa Diagnostics, Inc & Ors v Sequenom, Inc [2021] FCAFC 101, the Full Federal Court delivered significant clarity for companies…
IP Intelligence
The Federal Circuit Deals Another Blow to Diagnostic Method Patents
By Laura Gordon
In another setback for diagnostic method patents, the Federal Circuit rejected efforts by patent owner/appellant Cleveland Clinic[1] to avoid 35 U.S.C. § 101 by restyling diagnostic method claims as “techniques”…
IP Intelligence
Federal Circuit holds that claims directed to diagnosing neurotransmission or developmental disorders are invalid for failing to recite patent eligible subject matter
By Ron Kern
In Athena Diagnostics, Inc. v. Mayo Collaborative Servs., LLC,[1] the Federal Circuit affirmed the district court’s ruling that claims covering methods for diagnosing neurological disorders by detecting autoantibodies are directed…
Biosimilars Law Bulletin
Is The Tide Turning For Diagnostic Claims?
Lately, it has been very difficult to get diagnostic claims allowed without limiting the method steps to very specific components (e.g. reagents, devices, assays, samples, etc.). However, a recent Federal…
New England IP Blog
In Autoimmune Disorder Diagnosis Patent Case, Section 101 Motion to Dismiss Denied
In a recent decision from the District of Massachusetts, Judge Indira Talwani denied a motion to dismiss a patent suit under Rule 12(b)(6) for failure to state a claim due…
Prosecution First Blog
Another Diagnostic Patent Falls Apart under Ariosa/Mayo
By Carla Mouta-Bellum Jessica L. Roberts
CAFC Decision: Genetic Technologies Ltd. v. Merial LLC, No. 2015-1202 (Fed. Cir. Apr. 8, 2016)Read more
Intellectual Property Law Blog
News of Note in IP: May 18, 2016
Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our…
Health Law Update
Supreme Court Asked to Clarify Limits on Diagnostic Method Patents
By Ron Kern
Arguing that the current state of the law weakens the patent system and poses a danger to life science innovators, biotechnology company, Sequenom, Inc., has filed a writ of certiorari with the…
BioLoquitur
Patent Eligibility of Diagnostic Methods Still Uncertain in Wake of Federal Circuit’s Denial of En Banc Review of Ariosa v. Sequenom
The patent eligibility of diagnostic testing methods remains uncertain after the Federal Circuit refused to rehear Ariosa v. Sequenom. In Ariosa, the Federal Circuit panel found that Sequenom's patent on…