Did the Federal Circuit Just Issue the 'Most Restrictive Patent Eligibility Decision Yet'?
Latham and Goodwin Procter persuaded the Federal Circuit that CareDx patents for detecting organ transplant rejection are invalid because they apply a natural law using conventional techniques. Weil Gotshal argues that the patented techniques are anything but conventional, and that the decision will "suffocate innovation in the life-saving arts."
July 18, 2022 at 04:44 PM
3 minute read
Judge Alan Lourie of the U.S. Court of Appeals for the Federal Circuit. Photo: Diego M. Radzinschi/ALM The Federal Circuit has held patents on a noninvasive test for detecting organ transplant rejection ineligible for patent protection.
CareDx v. Natera is the latest instance of medical diagnostic patents being rejected on eligibility grounds. It will probably result in yet another push for review of the Alice/Mayo eligibility test by the U.S. Supreme Court.
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