Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
Federal Circuit: Method of Preparation Claim is Patentable
On March 17, 2020, a Federal Circuit panel of Judges Lourie, Moore, and Reyna, issued an opinion, authored by Judge Lourie, with Judge Reyna dissenting, in Illumina, Inc. v. Ariosa Diagnostics, Inc., Case No. 2019-1419. The panel reversed the Northern District of California's decision that claims directed to methods for preparing a fraction of cell-free DNA that is enriched in fetal DNA are directed to a natural phenomenon, concluding that the claimed subject matter is patent-eligible. Slip Op. at 2.
The asserted patents arose from a discovery that, in maternal plasma, most fetal DNA is smaller than most maternal DNA. Id. at 3-4. Following this discovery, the inventors developed "methods of preparing a fraction of cell-free DNA that is enriched in fetal DNA." Id. at 4. The majority distinguished the present case from prior patent-eligibility cases by explaining that it was "not a diagnostic case" or "a method of treatment case" but was "a method of preparation case." Id. at 8. Since Mayo, the Federal Circuit has "consistently held diagnostic claims unpatentable as directed to ineligible subject matter" and found that "method of treatment claims are patent-eligible." Id. But a method of preparation does not fit neatly into either category.
This premium content is locked for The Intellectual Property Strategist subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.