AMP v. USPTO Remand: BIO Files Supplemental Brief

The Federal Circuit Court previously concluded that the claimed isolated genomic DNA and cDNA molecules in this case are patentable compositions of matter. Nothing in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289 (2012), changes the framework for that analysis or the principles that informed this Court’s decision. The composition of matter claims therefore remain patent eligible under 35 U.S.C. § 101. Method claim 20 also easily survives review, because it involves the use of a transformed cell that itself would be patent eligible.