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Certified Licensing Professionals, Inc., 2021 
Disclaimer
This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.
Tag Archives: MuSK
Athena III – Should the Discovery of a Naturally-Occurring Correlation Encompass Recognition of its Practical Utility?
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
Athena’s Petition for Rehearing En Banc – Not All Diagnostic Claims are Equal Under s. 101
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 Athena Diagnostics, Cleveland Clinic, CVD, Judge Newman, Mayo, MPO, MuSK, s. 101
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Endo v. Teva – Correlation Diagnostic Plus Treatment is Patent Eligible under s. 101
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
Mayo Wins in Another s. 101 Appeal – Discovery of a Useful Natural Correlation is not Patent Eligible
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 Federal Circuit, Judge Lourie, Judge Newman, Judge Prost, Mayo/Alice, MuSK, Myriad
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