Federal Circuit Finds Method for Preserving Cells Patent-Eligible

On Tuesday, the Federal Circuit decided another case, which may be useful to Applicants when addressing certain rejections made under 35 U.S.C. § 101. I have attached a highlighted copy of the opinion for you reference. While the underlying subject matter dealt with a patent in the life sciences area, its holding is not limited to that technological space.

The district court granted summary judgment, finding that the patent was directed to ineligible patent subject matter (under Alice), however, the Federal Circuit reversed that finding. Significantly, the Federal Circuit stated with…

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