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« Court Report | Main | Altana Pharma AG v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2009) »

May 17, 2009

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Comments

It looks like a lot of these claims fail under Bilski.

Dear Pacific:

Not a lot - after all, Bilski is limited to method claims, and the composition of matter claims should be fine.

As for the method claims, I agree that under the Classen/Bilski line there is cause for concern (coupled with Metabolite), but the entire method of diagnosing type of claim is so questionable right now I wouldn't bet either way.

Thanks for the comment.

"Not a lot - after all, Bilski is limited to method claims,"

A commonly held misconception.

Dear 6:

Enlighten us, please. How would you apply the Bilski decision to a composition of matter claim (should you ever have to examine one)?

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