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Expert Analysis

Examining Exergen For Patent Eligibility Clues

By Matthew Siegal (March 27, 2018, 1:14 PM EDT) -- Not every diagnosis patent is invalid under 35 U.S.C. § 101 for being directed to a law of nature. In Exergen Corp. v. Kaz USA Inc.,[1] the Federal Circuit ruled that detecting a fever by measuring a patient's forehead temperature is patentable subject matter. This is in contrast to the patent-ineligible discovery of, for example, how to identify the father of a fetus by drawing the mother's blood (not amniotic fluid) and then amplifying and analyzing paternal DNA in that blood (Ariosa v. Sequenom).[2]...

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