Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Federal Circuit Applies Bilski Standard in Classen

By Warren D. Woessner and Tania A. Shapiro-Barr
February 26, 2009

The Federal Circuit's October 2008 decision in In re Bilski, 545 F.3d 943 (Fed. Cir. 2008) (en banc), created uncertain implications for biotechnology regarding the applicable standard for patent eligibility under 35 U.S.C. '101. In its recent one-paragraph opinion in Classen Immunotherapies v. Biogen IDEC, 2008 WL 5273107 (Fed. Cir. 2008), the Federal Circuit left many issues unexplained, but it did make one thing clear: The Bilski standard, now being applied in the area of biomedical technology, poses a significant threat to the viability of patents claiming diagnostic methods.

The Bilski Case

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.