On October 2, 2019, the Federal Circuit will hear oral arguments in 23andMe and Ancestry.com, a case that questions whether a patent involving hybrid technologies is patentable under Section 101. Law.com reached to Finnegan partner Aaron Capron for his thoughts on the case.
Aaron is watching the case closely, as it involves both biotechnology and big data. The question is whether the Federal Circuit will analyze the patents under the law of nature (used for patents in the biotech field) or if the court will apply the abstract idea test (reserved for software patents). Because the patent in question straddles both industries, Aaron wonders if a separate test will be created for this hybrid space.
