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Association for Molecular Pathology v. U.S. Patent and Trademark Office

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

By Kevin E. Noonan -- The lawsuit filed by plaintiffs and represented by lawyers from the American Civil Liberties Union and the Public Patent Foundation (PUBPAT) is easy to decry in the biotechnology patent community. Patent Docs will provide a detailed explication of the complaint, including a discussion of its many falsehoods, misstatements and half-truths in a coming post. However, before the complaint can be properly assessed, it is illustrative to consider the patents-in-suit and the claims expressly recited in the complaint as being unpatentable and unenforceable for violating 35 U.S.C. § 101, and Article I, section 8, clause 8,...

Full post as published by Patent Docs on May 18, 2009 (boomark / email).