Practice Note: Although the Federal Circuit determined that the claims in issue here were not patent eligible under § 101, it acknowledged a narrow path to § 101 eligibility under CellzDirect. Based on the Court’s reasoning, the claims could have survived the § 101 challenge had they required new and different methods of detecting MPO. When appropriate, patent owners should consider raising substantive claim construction arguments (in response to a motion to dismiss on §101 grounds) in order to try to establish that the challenged method requires new techniques. … [Read more...] about Cardiovascular Disease Correlation Doesn’t Beat § 101 Challenge: Cleveland Clinic Foundation v. True Health Diagnostics
Cleveland clinic drug rehab
14. A method of assessing a test subject’s risk of developing a complication of atherosclerotic cardiovascular disease comprising:determining levels of myeloperoxidase (MPO) activity, myeloperoxidase (MPO) mass, or both in a bodily sample of the test subject, said bodily sample being blood, serum, plasma, blood leukocytes selected from the group consisting of neutrophils and monocytes, or any combination thereof;wherein elevated levels of MPO activity or MPO mass or both in the test subject’s bodily sample as compared to levels of MPO activity, MPO mass, or both, respectively in comparable bodily samples obtained from control subjects diagnosed as not having the disease indicates that the test subject is at risk of developing a complication of atherosclerotic cardiovascular disease. … [Read more...] about Ohio Federal Court Invalidates Cleveland Clinic Diagnostic Patents On Motion To Dismiss
The Federal Circuit decision in Cleveland Clinic Foundation v. True Health Diagnostics LLC, strikes another blow against the patent eligibility of diagnostic methods and highlights the difficulty of enforcing personalized medicine patents. The court affirmed the invalidity of claims related to a blood test for atherosclerotic cardiovascular disease, and agreed with the district court that diagnostic company True Health was not liable for contributory or induced infringement of claims directed to treating patients diagnosed by the blood test. … [Read more...] about Cleveland Clinic Decision Highlights Catch-22 Of Personalized Medicine Patents
Shortly after the Mayo decision came down, one commentator argued that the recitation of undesired “side effects” in the claims is a reflection of human preference. Likewise, in this case, the presence or absence of CAD in the control populations, per se, was the result of value judgments made by clinicians, not absolute numbers spit out by a computer. For example, one factor supporting the definition of CAD given in Ex. 1 requires at least 50% stenosis in one or more arteries, and that is just one of several factors defining CAD, including environmental factors like smoking and family history, and this set must be assembled before statistical analysis can begin. … [Read more...] about Cleveland Clinic v. True Health Diagnostics – Time to Redefine “Inventive Concept”?
His current case resulted in a visit by a probation officer to his home, where drug paraphernalia that Scacchetti admitted was his allegedly was found, according to court documents. He was jailed after he failed to appear for a hearing, then refused the judge’s offer to release him if he went to drug treatment. He has now agreed to go, but is still jailed while awaiting an available bed. … [Read more...] about Trial Attorney Who Seemed to Have It All Is Now in Jail Awaiting a Bed in Drug Rehab Program