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« In re Cuozzo Speed Technologies LLC Federal Circuit Argument -- The Patent Office Asks to Have Its Cake and Eat It Too | Main | USPTO Provides Update on Status of Revised Myriad-Mayo Guidance »

November 11, 2014


"This makes sense, because inventive concept is a patent feature even more standardless than undue preemption."

Well said!

"The case is now in the hands of the Federal Circuit panel, with a decision expected in the next few months."

Based on the tone and tenor of the oral argument, may God help us.

Ariosa is correct, in that it repeats the Supreme Court's analysis correctly. But of course, the Supremes have muddled the law, conflated 101 with 102/103 issues, and chops claims up for analysis, rather than considering the claim as a whole.

As to the Invitae argument that getting rid of gene and diagnostic patents will not result in data suppression, it ALREADY has since Myriad began keeping their variants of unknown significance as a trade secret for several years now. Without patent protection, other companies will be forced to do the same thing, though of course academics will continue to publish.

Even if the Federal Circuit sorts this mess out, the chances are good that the Supremes will just take the case and overrule them again.

Some 80 countries already prohibit patents on drugs, medical treatments and diagnostics, and in spite of the US position on the Trans Pacific Partnership (see QQE.1(3) at https://wikileaks.org/tpp), we are heading that way by judicial intervention.

Well, TVALOIR, I'm not so sure Ariosa gets it right. If you click on the link to my earlier post you will see a fuller explication of my thoughts, but I do think there is a way to distinguish this case from Ariosa.

Thanks for the comment

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