Tag Archives: MuSK

Athena III – Should the Discovery of a Naturally-Occurring Correlation Encompass Recognition of its Practical Utility?

Posted on May 7, 2019 by Warren Woessner

The origin of the idea that natural phenomena, like the law of gravity, cannot be patented, even by their discoverer, is well-settled law. In Gottschalk v. Benson, the Supreme Court stated, in dictum: “Phenomena of nature, though just discovered, mental … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged , , , , , , , , , , , , | Leave a comment

Athena’s Petition for Rehearing En Banc – Not All Diagnostic Claims are Equal Under s. 101

Posted on April 15, 2019 by Warren Woessner

In my last post on s. 101, discussing “Cleveland Clinic II” I asked, “Why can’t a diagnostic conclusion be a practical application of a natural law?” and rhetorically answered: “Because the Federal Circuit says it can’t.” In Cleveland Clinic I … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged , , , , , , , | Leave a comment

Endo v. Teva – Correlation Diagnostic Plus Treatment is Patent Eligible under s. 101

Posted on March 29, 2019 by Warren Woessner

In Endo v. Teva, Appeal 2017-1240 (Fed. Cir., March 19, 2019), a Fed. Cir. panel of Judges Stoll, Wallach and Clevenger unanimously found patent-eligible claims to a method of treating pain with oxymorphone, based on the inventor’s discovery that there … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged , , , , , , , , | Leave a comment

Mayo Wins in Another s. 101 Appeal – Discovery of a Useful Natural Correlation is not Patent Eligible

Posted on February 7, 2019 by Warren Woessner

By now, once you see the claim, I would not be surprised if any of my loyal readers could not predict how it would fare at the Fed. Circuit. However, this is a worthwhile decision to review, particularly since the … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged , , , , , , | Leave a comment