[Ip-health] Federal Circuit decision in AMP v. USPTO

Krista Cox krista.cox at keionline.org
Fri Jul 29 09:48:22 PDT 2011


Opinion available here:
http://www.cafc.uscourts.gov/images/stories/opinions-orders/10-1406.pdf

Judge Lourie wrote the opinion with Judge Moore concurring.  Judge Bryson
dissented.

The opinion found standing and reversed the District Court's decision with
respect to isolated DNA claims.  The Federal Circuit did, however, affirm
the District Court's decision on method claims: "We, however, affirm the
court’s decision that Myriad’s method claims directed to “comparing” or
“analyzing” DNA sequences are patent ineligible; such claims include no
transformative steps and cover only patent-ineligible abstract, mental
steps."

-- 
Krista Cox
Staff Attorney
Knowledge Ecology International
www.keionline.org
(202) 332-2670



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