Tag Archives: Cellzdirect

USPTO Patent Eligibility Guidance In View Of CellzDirect And Sequenom

On July 14, 2016, the USPTO issued a Memorandum to the Patent Examining Corps on patent eligibility in view of recent court decisions. The July 2016 Memorandum extracts more guidance for assessing patent eligibility from the Federal Circuit decision in CellzDirect, and notes that the Supreme decision denying certiorari in Sequenom “does not elevate” the significance of the panel decision … Continue reading this entry

CAFC Finds Cryopreservation Method Patent Eligible

The Federal Circuit ruled that the cryopreservation methods at issue in Rapid Litigation Mgmt. Ltd. v. CellzDirect Inc., are patent eligible under 35 USC § 101. It therefore vacated and remanded the decision of the U.S. District Court for the Northern District of Illinois that held the claims invalid on summary judgment. The Federal Circuit distinguished … Continue reading this entry

Will The Celsis Appeal Put An End To 101 Rejections Of Laboratory Method Claims?

On April 5, 2016, the Federal Circuit heard oral arguments in Rapid Litigation Mgmt. Ltd. v. CellzDirect Inc., where the U.S. District Court for the Northern District of Illinois held invalid claims directed to a “method of producing a desired preparation of multi-cryopreserved hepatocytes.” While it is never a safe bet to predict the outcome of … Continue reading this entry

Judge Gajarsa Questions The Patentability of Celsis Multi-Cryopreserved Hepatocytes

In Celsis In Vitro, Inc. v. Cellzdirect, Inc., the Federal Circuit upheld the district court’s grant of a preliminary injunction based on a finding that Celsis had shown a likelihood of success against an obviousness challenge. While the opinion of the court (authored by Chief Judge Rader and joined by Judge Prost) did not strike … Continue reading this entry