Ass'n for Molecular Pathology v. U.S. Patent & Trademark Office, No. 10-1406 (Fed. Cir. 2011)
Annotate this CaseThe district court held that medical organizations, researchers, genetic counselors, and patients had standing under the Declaratory Judgment Act to challenge patent claims to "isolated" DNA molecules and granted summary judgment that all of the challenged claims were drawn to non-patentable subject matter under 35 U.S.C. 101. The Federal Circuit affirmed with respect to standing and reversed, in part, on the merits. Section 101 does not prohibit patent of molecules that do not exist in nature. A method claim to screening potential cancer therapeutics via changes in cell growth rates is patentable; it is not directed to a patent-ineligible scientific principle. The district court correctly determined that method claims directed to "comparing" or "analyzing" DNA sequences are patent ineligible; the claims include no transformative steps and cover only patent-ineligible abstract, mental steps.
The court issued a subsequent related opinion or order on August 16, 2012.
The court issued a subsequent related opinion or order on April 30, 2012.
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