United States Federal Circuit

In a dispute involving jurisdiction under the Declaratory Judgment Act and arising from a challenge to defendant's patents involving cancer research, judgment of the district court is: 1) affirmed where it properly granted plaintiffs standing because at least one plaintiff has standing, and held that defendant's method claims directed to comparing or analyzing DNA sequences are patent-ineligible; but 2) reversed where it erred in concluding that defendant's composition claims to isolated DNA molecules cover patent-ineligible products of nature, 35 U.S.C. section 101, and that defendant's method claim to screening potential cancer therapeutics via changes in cell growth rates is directed to a patent-ineligible principle in science.

Appellate Information

• Decided 07/29/2011
• Published 07/29/2011

Judges

• LOURIE

Court

• United States Federal Circuit

Counsel