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Patent Eligibility and In re Grams

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- In its recent decision in Prometheus Laboratories, Inc. v. Mayo Collaborative Services, the Federal Circuit cited and distinguished its earlier decision in In re Grams, 888 F.2d 835 (Fed. Cir. 1989). A review of the Grams case proves informative, both in understanding the Federal Circuit's reasoning and in better outlining the contours of what form of method claim may be patent-eligible under Supreme Court precedent. The claim at issue in Grams recited a method for identifying an "abnormality" in a "complex system": 1. A method of diagnosing an abnormal condition in an individual, the individual...

Full post as published by Patent Docs on December 29, 2010 (boomark / email).