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August 06, 2019


Nice to know that at least some jurisdictions still get this right.

Can we get Judge Beach appointed to the CAFC?

Haven't we seen this movie before. I can remember when the AU Federal Court upheld Myriad's claims even after the SCotUS tanked them. Then along came the AU Supreme Court and reversed the AU Federal Court, tanking the claims as well. How certain are we that this represents a real break with U.S. craziness? I am still waiting to see whether the other shoe does or does not drop.

In nature, the presence of cffDNA in the maternal blood has not and cannot be detected without human action that's really a wonderful interpretation so it may qualify as patentable subject matter.

But at the same time what was the thought process of the inventors or what prompted them to think of the said cffDNA being present in the maternal blood to be evaluated since the technique used to diagnose cffDNA is well known and the said cffDNA is a resultant of an in vivo process.

You may have a point in your analysis, but you had to somehow tie President Trump to the problems with the patent system. Why not discuss your issue without unnecessarily adding your political point of view. Please remember that not everyone agrees with your snarky comments.

Most sincere thanks to Dr Shoebridge.

In the UK, a 9th Edition of the CIPA Guide to the Patents Acts is in preparation for publication at the end of 2019, and our attention has been drawn to Sequenom Australia just in time for a mention in Section 001 to be included.

The decision is of added weight because it is the result of full trial with expert evidence and cross-examination which was not available to the Federal Circuit judges who considered the corresponding US case. In any sane regime, the Australian outcome would be of great persuasive authority in the US because of the forensic testing to which the evidence was subjected and the opportunity for the trial judge to write a more fully informed and balanced opinion.

It is particularly unfortunate that this landmark decision did not arrive in time to be taken into account in the en banc petition in Athena.

I have to wonder at the wishful thinking of Mr. Cole's:

"In any sane regime, the Australian outcome would be of great persuasive authority in the US"

While there is certainly something to be learned by engaging in comparative analysis of patent cases in different legal regimes, and certainly not withstanding any accommodations made by engaging in certain treaties (and any ensuing enacting legislation, given that treaties by themselves are generally NOT self-enacting in US law), it is a step TOO FAR to denigrate any type of lack of automatic "effect" of a case in one Sovereign to any case (related or not) in another Sovereign.

Perhaps this is merely "picking a nit," and if so, feel free to ignore this (as well as the nit).

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