2 Classen Patents Pass Bilski Test: Fed. Circ.

Law360, San Diego (August 31, 2011, 5:54 PM EDT) -- After a remand by the U.S. Supreme Court in light of last year's Bilski decision, the Federal Circuit on Wednesday upheld two of Classen Immunotherapies Inc.’s patents for evaluating a vaccine immunization schedule, while finding a third patent was too abstract.

In a 2-1 decision in Classen's infringement suit against Merck & Co. Inc. and others., the majority found that the immunization step of Classen’s U.S. Patent Numbers 6,638,739 and 6,420,139 moved them through the so-called coarse filter of Section 101 of the Patent Act, while...
To view the full article, register now.