Alice: ‘This is impossible’ (Alice in Wonderland 2010): Alice (Corp. Pty. Ltd. v. CLS Bank Int’l,), aid’s in striking yet another blow against the pursuit of diagnostic test method

Adele Critchley | June 26, 2017

Cleveland Clinic Foundation v. True Health Diagnostics LLC

June 16, 2017

Before Lourie, Reyna and Wallach.  Opinion by Reyna.


The CAFC affirmed the invalidly of method claims in three diagnostic test patents held by Cleveland Clinic Foundation (hereon – Cleveland Clinic), and further affirmed that True Health Diagnostics LLC (hereon – True Health) was not liable for contributory or induced infringement of a fourth patent directed to methods of treating patients diagnosed by the diagnostic tests.

This CAFC decision strikes another blow against the patent eligibility of diagnostic methods, while further highlighting the difficulty of enforcing method treatments based on such diagnostic tests (i.e., personalized medicine).

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Examiner’s determination that a claim term is means-plus-function in allowing an application does not bind the Appeals Board and CAFC.

Michael Caridi | June 19, 2017

Skky, Inc. v. Mindgeek, S.A.R.I.

June 7, 2017

Before Lourie, Reyna and Wallach. Opinion by Lourie.


The CAFC held that the Board correctly interpreted the term “wireless device means” as not a means-plus-function limitation.  As a result Skky’s method claim was subject to a broader interpretation making the claim obvious over art which had been of record during prosecution of the application.

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A reference can be a background reference for evidence of motivation to combine even if not sufficient on its own to support a rejection

Bernadette McGann | June 13, 2017

Novartis Ag, Mitsubishi Parma Corp. v. Torrent Pharmaceuticals Limited, Apotex Inc., Mylan Pharmaceuticals Inc.

April 12, 2017

Before  Taranto, Chen and Stoll.  Opinion by Chen.


The CAFC held that the Board correctly used Sakai as evidence to support its motivation to combine Chiba and Aulton, even though the Board dismissed challenges of patentable based on Sakai.

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Of Closed Pods, Open Cartridges, Single-Brew Coffee Machines, and Descriptive Issues

Nicolas Seckel | June 5, 2017

Rivera v. ITC (Precedential)

May 23, 2017

Before Reyna, Linn and Chen. Opinion by Linn.


The Federal Circuit affirmed an ITC decision that the asserted patent claims are invalid for lack of written description. The patent application as filed described only a coffee machine with a cartridge adapter configured to receive a closed “pod”, not a cartridge adapter with an open filter for ground coffee. Thus, the written description did not show possession by the inventors of a genus encompassing the open-filter cartridge adapters at the initial filing date.

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