Insights

Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.

Tagged inventive concept · clear

Exergen Corp v Kaz Usa Inc a Crack in the Patent Eligibility of Diagnostic Claims

In Exergen Corp. v. Kaz USA, Inc., Appeal No. 2016-2315, 2016-2341 (Fed. Cir., March 8, 2018) (Non-precedential). A panel of Moore, Bryson and Hughes (Hughes dissenting), upheld a district court decision, following trial, that claims to a method of…

March 14, 2018Patent Prosecution3 min read

Ex Parte Patterson Assay Based on Two Natural Phenomena Does Not Equal One Inventive Concept

According to the “Mayo/Alice” rule, if a claim is directed to a “natural phenomena” such as the relationship between the a drug’s metabolite concentration following administration of an immunosuppressive drug and the…

December 11, 2017Patent Prosecution3 min read