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Intellectual Property

Dec. 19, 2013

Searching for higher ground to understand patent eligibility

That is one of the lessons from one of the first district court decisions to assess, after Myriad, the question of what subject matter is patent eligible.

Vernon M. Winters

Partner
Sidley Austin LLP

Email: winters@sidley.com

UC Hastings COL; San Francisco CA

See more...

When the legal footing is otherwise uncertain, head for higher ground. That is one of the seemingly simple but nonetheless useful and practical lessons from one of the first district court decisions to assess, after Association for Molecular Pathology v. Myriad Genetics Inc., 133 S. Ct. 2107 (2013), the question of what subject matter is patent eligible.

One would think the test by which to assess this important issue would be well settled. Patents have been part of our co...

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