“Meet the New Boss. Same as the Old Boss? Not Even Close under New Mayo/Alice Regime for § 101” (Live MBHB Webinar)

In a series of cases over the last four years, the Supreme Court has substantially changed the foundations of 35 U.S.C., § 101, broadly expanding the scope of the “judicial exclusions” to patentability under that provision. In the Life Sciences, patentees were left to read tea leaves in order to guess how these decisions will be applied. Until now. A number of cases coming out of the Court of Appeals for the Federal Circuit and, to some extent the district courts, have shown us how sweeping the change has really been under the new Mayo/Alice regime. 

This webinar will cover the implications of these Supreme Court decisions as reflected in a series of recent cases by the Federal Circuit and the district courts, from In re BRCA1– and BRCA2–Based Hereditary Cancer Test Patent Litigation (Ambry) through Ariosa v. Sequenom. Topics will include:

  • An analysis of how these recent decisions have applied – or misapplied – the Mayo/Alice regime
  • A discussion of the likelihood of en banc review in Ariosa v. Sequenom (and whether or not that would be a good thing for Life Sciences)
  • Suggestions for prosecuting Life Sciences patent applications under this new regime
  • Proposed “fixes,” including proposed amendments to §101


Presenters: MBHB partners Grantland G. Drutchas and Dr. Donald L. Zuhn, Jr., Ph.D.

Access an archived audio version of this webinar here. NOTE: MCLE credit is not available for this archived recording. 

McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.