In Ariosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371, 1376 (Fed. Cir. 2015) the Federal Circuit belittled pioneering work at Oxford University, indisputably one of the world’s leading research institutions. In the Athena Diagnostics v. Mayo Collaborative Services decision handed down early in 2019, the Federal Circuit surpassed itself by belittling pioneering work representing the combined efforts of Oxford University and the Max-Plank Gesellschaft, two of the world’s leading research institutions. A petition for en banc review has been filed and is supported by amicus briefs. This article further supports the need for review, emphasizing inadequate attention paid to the positive eligibility provisions of 35 USC 101, conflict with Diamond v Diehr, an inadmissible extension of admissions within the patent description regarding a genus of techniques to cover a previously undisclosed species of techniques within the genus, and the need to give equal treatment to those who make pioneering inventions or discoveries and those whose inventions or discoveries are incremental.
Recent Posts
- Federal Circuit Reiterates Limits of Incorporation by Reference in Win for Priceline
- The Riyadh Design Law Treaty: Bringing Design Law into the Future
- Other Barks and Bites for Friday, December 6: GAO Releases Third-Party Litigation Funding Report; PQA Must Identify Members in VLSI Patent Litigation; CAFC Issues Two Precedential Decisions
- Newman Makes Another Bid to Reverse Suspension from CAFC
- CAFC Delivers Win for Meta in Precedential Decision