DID KENNEDY SPARK LIFE SCIENCES PATENT PROBLEMS?
Now-departing Supreme Court justice Anthony Kennedy wrote the 2010 milestone patent law decision in Bilski v. Kappos, which loosened up the test for determining whether a patent covers an eligible subject matter. That led to 2012’s Mayo Collaborative Services v. Prometheus Laboratories Inc. and 2014’s Alice Corp. v. CLS Bank International, which in turn led to headaches for the life sciences legal community.
Courts have struggled to apply the framework Mayo and Alice set forth to determine if an issued patent claims something that’s actually not patentable—including laws of nature and ...
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