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Gene Patenting and the Wisdom of Judge Lourie

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- Biotechnology patent law faces the consequences of two decisions handed down last week by the Federal Circuit: In re Kubin and Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. The first of these illustrates the folly of ignoring the wisdom of the In re Deuel decision, in applying established principles of chemical patent practice to avoid the philosophical error of finding a chemical compound obvious because methods for making an unpredictable compound were well known. The second decision, on the other hand, reflects Judge Lourie's wisdom in recognizing that biotechnology was sufficiently complex that permitting...

Full post as published by Patent Docs on April 13, 2009 (boomark / email).