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Patent Law

: Patent Docs

Bilski v. Kappos: What Effects on Biotechnology Patents?

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

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By Kevin E. Noonan -- Although long-anticipated, the Supreme Court's opinion in Bilski v. Kappos did not provide much in terms of "pellucid" teachings regarding the metes and bounds of patent-eligible subject matter. Against this backdrop, the Court decided on Tuesday to grant certiorari, vacate the Federal Circuit's decision below, and remand to the appellate court two cases related to medical diagnostic claims: Prometheus Laboratories, Inc. v. Mayo Collaborative Services and Classen Immunotherapies, Inc. v. Biogen Idec. On earlier appeals, the Federal Circuit decided that the claims in Prometheus were patent-eligible under the "machine-or-transformation" (MOT) test, and that the claims...

Full post as published by Patent Docs on July 02, 2010 (boomark / email).

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