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« Conference & CLE Calendar | Main | PTAB Issues Questionable 101 Decision »

October 25, 2015

Comments

"Myriad establishes that cffDNA itself is not patent eligible."

Don,

How can Natera's counsel say that with a straight face? Didn't Myriad say that cDNA could be patent-eligible?

Also, the concluding comment by Natera that you quote ("Congress struck a delicate balance in Section 101, and the Supreme Court has maintained that balance in its recent trilogy of eligibility decisions") is not even close to being accurate; the Royal Nine haven't followed what Congress enacted in 35 USC 101 on patent-eligibility in 1952, much less "maintained" any degree of "balance" what is patent-eligible that is other than disingenuous rhetorical nonsense and judicial activism at its worst.

I posted my thoughts on the 101 issue ( with the Sequenom issue in mind) on linkedin. please feel free to share with your readers if you wish.
https://www.linkedin.com/pulse/patent-eligibility-dilemma-under-35-usc-101-shahid-hasan?trk=hp-feed-article-title-publish

cffDNA=cell-free fetal DNA
cDNA= complimentary DNA

Two entirely different elements. cell-free fetal DNA = genomic DNA

The comments to this entry are closed.

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