As promised in my earlier post, today our firm issued its review of the much anticipated decision regarding the “gene patenting” case (formally known as The Association For Molecular Pathology. et al. v. USPTO et al.) The case was before the Federal Circuit on remand from the U.S. Supreme Court’s March 20, 2012 decision in Mayo Collaborative Services v. Prometheus, Inc. The same three-judge panel heard the case on remand, and the judges reached essentially the same results on the interpretation of the patent-eligibility of claims under 35 USC § 101 as their earlier decision on the issues. Judge Lourie wrote the opinion for the court, Judge Moore concurred in the result, and Judge Bryson concurred in part and dissented in part. Read Foley & Lardner’s review and analysis here and Courtenay Brinckerhoff’s PharmaPatents post.
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