A Troubling Trend For Personalized Medicine Patents

Law360, New York (December 4, 2012, 12:45 PM EST) -- On Nov. 20, 2012, a three-judge panel of the Court of Appeals of the Federal Circuit, in PerkinElmer Inc., and NTD Laboratories Inc. v. Intema Ltd. (2011-1577), held that the claims in U.S. Patent 6,573,103 (the ‘103 patent”) are invalid as drawn to noneligible subject matter under 35 U.S.C. § 101.

The ‘103 patent claims are directed to prenatal noninvasive diagnostic methods for risk of fetal Down syndrome. Perkinelmer is a nonprecedential decision that follows the Ass’n for Molecular Pathology v. PTO, 689, F3.d 1303 (Fed....
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