Wednesday, August 17, 2011

Method of Detecting Fetal Down Syndrome Passes Muster Under Bilski's Machine-or-Transformation Test

The court granted defendant's motion for summary judgment that its patent for a method for detecting fetal Down syndrome was not invalid for lack of patentable subject matter. "The Court concludes that the claimed step is sufficiently 'tied' to an ultrasound device to pass muster under the machine-or-transformation test, regardless of whether 'measuring' an ultrasound scan requires a machine. Because an ultrasound scan (presumably taken by an ultrasound device) is required to perform the method, this step 'is tailored narrowly enough to encompass only a particular application of a fundamental principle rather than to pre-empt the principle itself,' fulfilling the purpose of the test."

PerkinElmer, Inc., et. al. v. Intema Limited, 1-09-cv-10176 (MAD August 12, 2011, Order) (Saylor, J.)

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