Publication Date
2021
Document Type
Article
Abstract
This article considers the current state of affairs at the Federal Circuit with regard to the patent eligibility of diagnostic methods. Diagnostics v. Mayo Collaborative Servs. I then look at all of the decision decisions I could find in which the court strikes down diagnostic method claims as patent ineligible under Mayo v. Prometheus, of which there are quite a few. Finally, I turn to the handful of cases, all decided in 2018 or later, in which the Federal Circuit has upheld the patent eligibility of diagnostic claims, the most significant of which I believe to be Vanda Pharmaceuticals v. West-Ward Pharmaceuticals International and Illumina v. Ariosa Diagnostics.
Publication Title
Biotechnology Law Report
Volume
40
Issue
3
Recommended Citation
Christopher M. Holman,
The Federal Circuit Continues to Grapple with the Question of Patent Eligibility for Diagnostic Methods,
40
Biotechnology Law Report
151
(2021).
Available at:
https://irlaw.umkc.edu/faculty_works/221