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AMP v. USPTO after Bilski v. Kappos

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

By Kevin E. Noonan -- After issuing its decision in Bilski v. Kappos, the Supreme Court granted certiorari, vacated the Federal Circuit's decision below, and remanded 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. These cases have the most-developed case law regarding the question of patent-eligibility for diagnostic method claims, and thus can be expected to provide the Federal Circuit with ample opportunity to craft the type of analytical framework envisioned by the Supreme Court when it left the development of the law...

Full post as published by Patent Docs on July 07, 2010 (boomark / email).