In re: Board of Trustees of the Leland Stanford Junior College, Attraction no. 2020-1012 (Federal Circuit, March 11, 2021) a 3 choose panel of Prost, Lurie and Reyna affirmed the ruling by the Board of Appeals that the claims of U. S. Serial No. 13/445,925 are patent ineligible, as directed to an summary thought with no additional ingenious step. I have a tendency to consider Judges Reyna and Prost as being in favor of a broad interpretation of the Mayo/Alice take a look at and Decide Lourie as being much less proud of the take a look at however sure to use it. Nevertheless in American Axle, Lourie and Chen voted to rehear the enchantment en banc whereas Decide Prost voted to not. Right here, Decide Reyna wrote for the panel.
The claims on enchantment have been directed to an improved methodology to find out haplotype part. As summarized by the panel:
“Haplotype phasing is a course of for figuring out the dad or mum from whom alleles—i.e., variations of a gene—are inherited. A haplotype part acts as a sign of the dad or mum from whom a gene has been inherited. … [According to the specification] improved haplotype phasing strategies ‘promise to revolutionize customized well being care by tailoring danger modification, medicines and well being surveillance to sufferers’ particular person genetic backgrounds.’”
I gained’t reproduce the claims right here. Declare 1 is nearly two pages lengthy. I can establish eight steps. One is especially fascinating:
“figuring out a haplotype part for at the least one member of the [human] household based mostly on the pedigree knowledge for the household, the inheritance state for the data described within the allele knowledge, the transition chance knowledge, and the inhabitants linkage disequilibrium knowledge utilizing a pc system comprising a processor and a reminiscence”.
The invention principally makes use of a statistical software, “a Hidden Markov Mannequin having hidden states.” This statistical software permits the calculation of the chance of an occasion that’s unknown by linking associated identified occasions, and is an enchancment over the accuracy of earlier statistical instruments. Declare 9 is a dependent declare involving utilizing the tip product output of declare 1:
“Figuring out whether or not at the least one genetic variant related to illness is inside the saved haplotype part [determined in claim 1] by using the haplotype part to question a illness associated-single nucleotide polymorphism [SNP, right?] database utilizing a pc system…figuring out a drug for therapy of at the least one member of the household based mostly on data concerning drug-variant-phenotype associations from a pharmacogenomics database and the dedication whether or not the at the least one genetic variant related to illness is inside the saved haplotype part utilizing a pc…storing the decided drug…and offering the decided drug in response to a request utilizing a pc system…”
After defining declare 1 as a way to course of knowledge to reach at improved knowledge, by way of an summary mathematical calculation, the panel dismissed the claims reciting deciding on a drug to deal with an recognized illness as doing “nothing greater than recit[ing] the haplotype part algorithm and instruct[ing], ‘apply it’, because the Supreme Courtroom has prohibited.” After all, the panel leaned closely on Parker v Flook and Gottschalk v Benson. However this can be a declare to a way that’s, in actual fact, broadly relevant. Would it not be patent eligible if it recited one illness and one drug that is ready to deal with it?
The panel distinguished McRO v Bandai Namco Video games Amer. by agreeing with the Board that the current claims are “in contrast to these protecting animation of 3D characters in [McRO], which enhance ‘the pc animation course of itself.’” Athena v Mayo is even cited however I can’t let you know why. Readers, when a way of offering extra practical facial expressions to cartoon characters is patent eligible whereas a way for utilizing an evaluation of the genes of relations that extra precisely can predict the existence of variations that allow the analysis of identified illness states which can be inclined to an recognized drug will not be a sensible software of the recited mathematical processes, we’ve got entered the realm of the surreal.
© 2020 Schwegman, Lundberg & Woessner, P.A. All Rights Reserved.Nationwide Legislation Overview, Quantity XI, Quantity 72