July 21, 2016
Authored and Edited by Christopher B. McKinley; Erin M. Sommers, Ph.D.
In Genetic Technologies Ltd. v. Merial LLC, 818 F.3d 1369 (Fed. Cir. 2016), the CAFC affirmed the district court’s grant of a motion to dismiss, finding that patent claims directed toward a method for detecting and analyzing “junk” DNA (non-coding DNA sequences) covered ineligible subject matter. Following SCOTUS precedent, the CAFC held that the claimed detection method was directed to a law of nature regarding the relationship between coding and non-coding sequences of DNA. The CAFC further concluded that the amplifying and analyzing steps of the claims did not provide “significantly more” than a patent to the ineligible concept itself. Further discussion of the decision can be found on Finnegan’s Prosecution First Blog.
United States Court of Appeals for the Federal Circuit (CAFC), patent-eligible, Food and Drug Administration (FDA)
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