Civil Litigation,
Intellectual Property
Apr. 18, 2019
Decision may chart new course for patent eligibility
The Federal Circuit has again weighed in on patent subject-matter eligibility of natural phenomena, finding certain amino-acid-containing dietary supplements, and related methods of use, to be patent eligible.
Daniel N. Yannuzzi
Partner
Sheppard, Mullin, Richter & Hampton LLP
Email: dyannuzzi@sheppardmullin.com
Daniel is a co-chair of Sheppard, Mullin, Richter & Hampton LLP's Intellectual Property Practice Group and has more than 25 years of experience in strategic portfolio development and counseling, patent prosecution, patent appeals and inter partes reviews. Dan is a former NASA engineer who also served as VP, chief intellectual property counsel to a multi-billion dollar semiconductor company.
C. Dylan Turner
Associate
Sheppard, Mullin, Richter & Hampton LLP
Email: DTurner@sheppardmullin.com
Dylan practices patent prosecution and counseling with a focus on pharmaceuticals.
Lorna L. Tanner
Partner
Sheppard, Mullin, Richter & Hampton LLP
Email: ltanner@sheppardmullin.com
Lorna is a co-team leader of the firm's Life Science team. Her practice focuses on strategic patent portfolio development and counseling for companies developing drugs and biologics.
Alex Y. Nie
Partner
Sheppard, Mullin, Richter & Hampton LLP
Email: ANie@sheppardmullin.com
Alex is a patent attorney with a multidisciplinary technical background including life sciences and information technology. His practice focuses on global intellectual property protection strategy and technology transfer issues, including patent procurement and enforcement, IP valuation and monetization, licensing, and technology transfer.
The doctrine of patent eligibility, codified at Section 101 of the United States Patent Act, sets forth the baseline rules for determining which subject matter can be considered for patent protection. Section 101 has been most famously used to weed out claims to so-called "mental processes," even if implemented by computer software. Section 101 has also been wielded against naturally occurring substances, e.g., segments of DNA, and processes that occur in nature. In t...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In