A troubling trend for personalized medicine patents *

USA - December 4 2012
On Nov. 20, 2012, a three-judge panel of the Court of Appeals of the Federal Circuit, in PerkinElmer Inc., and NTD Laboratories Inc. v. Intema Ltd. (2011-1577), held that the claims in U.S. Patent 6,573,103 are invalid as drawn to noneligible subject matter under 35 U.S.C. § 101.

Co-authors: Anthony C. Kuhlmann .

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Standards of review: implications for patent challengers *

USA - December 3 2012
The standard of review is frequently cited but often overlooked as being outcome-determinative in patent cases.

Co-authors: Anthony C. Kuhlmann .

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Inventions in unpredictable fields — not always unobvious *

USA - November 7 2012
On Sept. 21, 2012, a three-judge panel of the Federal Circuit in In re Droge (2011-1600) held that the claims in U.S. patent application serial no. 10/082,772, directed to a method of recombining DNA in eukaryotic cells, were unpatentable for obviousness.

Co-authors: Anthony C. Kuhlmann .

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CLS Bank: the patent eligibility of computerized trading platforms for exchanging obligations *

USA - July 17 2012
On July 9, 2012, a three-judge panel of the Federal Circuit in CLS Bank International v. Alice Corporation ("CLS Bank"), decided a case of patent eligibility under 35 U.S.C. § 101.

Co-authors: Martin Bader.

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Applying Prometheus to Myriad: possible outcomes *

USA - May 22 2012
On March 26, 2012, the U.S. Supreme Court issued a much anticipated GVR (grant [certiorari], vacate and remand) order in the Association for Molecular Pathology v. the United States Patent Office (a.k.a. ACLU v. Myriad), remanding the case to the Federal Circuit for reevaluation in light of the Supreme Courts' recent decision in Mayo Medical Laboratories v. Prometheus Laboratories 566 U.S. ____ (US 2012).

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