Tag Archives: patent claims

Prometheus Unbound – Are Methods Of Medical Treatment The Next “Targets”?

In my March post “Unnatural Acts – Patenting Diagnostic Tests Post-Prometheus” I wrote: “I have been trying to formulate diagnostic claims that would pass muster post-Prometheus and I am having trouble. If a researcher discovers the marker, the researcher should … Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , , , , , , | 2 Comments

Cordis v. BSC – Therasense at Work

Last week the Fed. Cir. affirmed the district court’s finding of no inequitable conduct, due to the failure of the applicant or his attorney to cite a relevant prior art reference in a parent application that yielded the two patents-in-suit. … Continue reading

Posted in Inequitable Conduct/Rule 56 | Tagged , , , , , , , , , | Leave a comment

Myriad Petition For Rehearing Denied

On September 13, 2011, the Fed. Cir. panel in AMP v. Myriad denied AMP’s (read ACLU’s) petition for rehearing by the panel. (A copy of the petition can be found at the end of this post.) In challenging the holding … Continue reading

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

BSC v. J & J – Written Description Requirement Spreads its Wings

On June 7th, in a Fed. Cir. panel decision written by Judge Moore, the panel affirmed the invalidation of four J&J patents (a copy of these patents is available at the end of this post) for failure to meet the … Continue reading

Posted in Written Description Requirements (WDR) | Tagged , , , , , , , , , , , , , | 1 Comment