Alice-Axed Bovine Breeding Patent Revived At Fed. Circ.

Law360 (July 31, 2020, 6:26 PM EDT) -- The Federal Circuit on Friday revived XY LLC's patent covering a way of selectively breeding cattle and other mammals, reversing a Colorado federal judge's finding that the patent doesn't hold up under the U.S. Supreme Court's Alice decision.

The precedential opinion gave new life to XY's suit against Trans Ova Genetics LC, reviving both the patent itself and infringement claims U.S. District Judge William J. Martinez had dismissed. The three-judge panel ordered Judge Martinez to more thoroughly analyze whether the infringement allegations are precluded by earlier litigation between the rivals.

Judge Martinez had said Alice doomed the entirety of U.S. Patent...

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