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« Court Report | Main | PTAB Life Sciences Report »

September 05, 2016

Comments

Yet another dumb decision in what is now a long line of dumb decisions following the Mayo/Myriad/Alice trilogy. With just a smidgen of creative thought the magistrate judge could have found patent eligibility for the kit claims. It appears this magistrate believes it's preferable for companies and investors to engage in non-disclosure, or to simply abandon R&D in diagnostics in favor of areas where there might be some profitability.

"The peptides are synthetic (i.e., made in a lab)."

Straight from the magistrate's memorandum. How can these "synthetic" peptides be a "product of nature"? I agree with AM: "another dumb decision" caused by the equally "dumb" and nonsensical Mayo/Myriad/Alice trilogy.

EG and Atari y'all are complaining about a win for the patentee?

In my scheme, this method is easily eligible (unlike Sequenum's) because the method is not one that merely results in new and useful information; rather it is a method that results in a physical change in the world with IFN-γ arising from the mixing of peptides from ESAT-6.

If that is a novel, non-obvious and fully described physical change, it should result in a patent even if the utility is found in the fact of the change (i.e. as a matter of information).

Sequenum just said "look here to find the information you need using conventional tools" with no physical change in the world that was new, non-obvious, and fully described.

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