Intellectual Property Law

Some of our regular IP Blawgers have been busy in trial, and you might have noticed that we unfortunately haven?t been posting as often as normal.  Even so, we?re still keeping a close eye on the hot patent cases sitting on the Supreme Court?s docket this term.  We told you last November that the Supreme Court granted cert in Lab Corp. v. Metabolite, and might be ready to tackle the scope of patentability for a business method patent that does not use a computer or software.  The patent at issue in Lab Corp. claims a method for diagnosing a vitamin deficiency in humans via homocysteine assays.  Critics argue the it improperly patents a force of nature since the patent lacks a claim of any specific software or computer technology for achieving the goal.

This week?s oral argument suggests that we may have to wait a while longer before the high court addresses the scope of patenting natural phenomenon associated with the section 101 patentable subject matter defense.  According to IP Law360, justices questioned whether the high court should be considering an issue that was not ruled upon below, and several observers are predicting a remand or narrow ruling at best.  Will the Court go so far as to dismiss the case as not ripe for review?  Stay tuned. 

Today's Blogger:  Nan Joesten