Fed. Circ. Eyes Stanford Transplant Test IP Eligibility

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By Khorri Atkinson (June 10, 2022, 9:10 p.m. EDT) — Two federal circuit judges appeared not fully convinced on Friday that three Stanford University patents were licensed to CareDx Inc., developer of commercial tests for transplant rejection kidney, are valid under the Alice decision of the Supreme Court of the United States.

Judges expressed skepticism as lawyers for CareDx and Stanford insisted that a federal judge in Delaware in September erroneously concluded that the patents were not eligible for protection under the criteria set out in the Alice Corp decision. vs. Supreme Court 2014 CLS Bank. The judges held that abstract ideas are not patentable in the absence of an additional inventive concept transforming them into something patentable.

U.S. Patents No. 8,703,652;…

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