Carnegie Mellon: A Key Ruling For Biotech Patents

Law360, New York (September 15, 2008, 12:00 AM EDT) -- On Sep. 8, 2008, the United States Court of Appeals for the Federal Circuit ruled that certain claims of a patent owned by Carnegie Mellon University were invalid as lacking adequate written description. Carnegie Mellon University v. Hoffmann-La Roche Inc., Nos. 2007-1266; 2007-1267 (Fed. Cir. Sep. 8, 2008).

Despite arguments that the claims were directed to a biotechnology tool combining well-known elements and that one of the claimed elements had been a subject of scientific study since at least the 1970s, the court affirmed a lower...
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