Title

The Federal Circuit Continues to Grapple with the Question of Patent Eligibility for Diagnostic Methods

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

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