A Troubling Trend For Personalized Medicine Patents
By Barry Wilson and Anthony Kuhlmann
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.
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