A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: alice-step-one

Buckets
Carolyn V, Unsplash

The Federal Circuit today reissued its March 2020 opinion in Illumina, Inc. v. Ariosa Diagnostics, Inc., which held a "method of preparation" claim relating to a natural phenomenon was patent eligible.

The reissue follows a petition for rehearing.

The patents involve a method for preparing a fetal DNA sample using a blood sample from a pregnant mother, by sorting the DNA fragments and removing the smaller ones using a size threshold.

The Original Bucket-Based Analysis

The Court originally described how it has consistently rejected "natural phenomenon"-related claims that fall into a "diagnostic" bucket, but has permitted method of treatment claims:

This is not a diagnostic case. And it is not a method of …