Law360, New York ( January 6, 2015, 11:07 AM EST) -- In a recent decision, the Court of Appeals for the Federal Circuit found claims to be "patent-ineligible" because they were overbroad, and thus, claimed "abstract ideas." This new case, In re BRCA1- and BRCA2-Based Hereditary Patent Litig.,[1] is the latest in a series of cases addressing the abstract-ideas doctrine following the recent U.S. Supreme Court decision in Alice Corp. Pty. Ltd. v. CLS Bank Int'l.[2] But this is the first case since Alice to hold that claims in a biotechnology patent were abstract, and an unusual case in which the patent's written description arguably describes a patent-eligible invention (testing for cancer-causing genetic defects), but the claims were nevertheless found to be abstract....
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