Thursday, February 25, 2016

Cleveland Clinic Foundation v. True Health Diagnostics: District Court Finds Diagnostic Claims Patent-Ineligible



On February 23, 2016, a judge in the Northern District of Ohio found three patents invalid for ineligible subject matter on a Rule 12(b)(6) motion to dismiss (see opinion and order).  The patents, U.S. Patents Numbers 7,223,552, 7,459,286, and 8,349,581, are generally directed towards Myeloperoxidase (“MPO”) testing, which analyzes inflammation of the blood vessels to assess a patient’s risk for cardiovascular disease.  MPO is an enzyme released by white blood cells when inflammation occurs in the body, and thus MPO is an early symptom of many types of cardiovascular disease.

The claims recite limitations such as “comparing levels of [MPO] in a bodily sample from the test subject with levels of [MPO] in comparable bodily samples from control subjects diagnoses not having the disease” and “determining levels of [MPO] activity… in a bodily sample of the test subject.”  They also contain “wherein” clauses, e.g., “wherein elevated levels of [MPO] in the bodily sample from the test subject relative to the levels of [MPO] in the comparable bodily sample from control subjects is indicated of the extent of the test subject’s risk of having atherosclerotic cardiovascular disease.”

For those familiar with patent eligibility case law, it should come as no surprise that the District Court found these claims to be patent ineligible under the Mayo/Alice test for patent eligibility (named after the Alice and Mayo Supreme Court decisions].  The court found that the relationship between MPO levels in the bloodstream and the risk of having or developing cardiovascular disease is a natural phenomenon (first prong of the Alice test) and that the “determining” and “comparing” steps are insufficiently inventive (second prong of the Alice test).  The court found that at the time of invention a “myriad of methods well-known in the arts existed” for “determining” MPO levels, and that a “comparing” step involves a mental process, “which does not add an inventive step.”

The patent owner might have been able to help itself by arguing for a narrower interpretation of claim terms such as “comparing levels” and “determining levels.”  Unfortunately, in connection with its motion for temporary restraining order and preliminary injunction, plaintiff argued to the Court that “[e]xcept for “MPO Activity and “MPO Mass,” all of the claim terms should simply be afforded their plain and ordinary meaning.”  Later, in its brief opposing the Rule 12(b)(6) motion to dismiss, the plaintiff indicated “that it is now apparent that additional terms new construction,” including “immunological technique,” “comparing levels,” and “determining levels,” and argued that the Court could not address the issue of patent eligibility  prior to claim construction.  The judge rejected this argument, noting that the defendant had stipulated to plaintiff’s proposed claim construction, and that the plaintiff had failed to offer its own proposed construction for these terms.

The court stated that “Plaintiff’s failure [offer its proposed construction of the claim terms] will not serve to block the Court from considering defendant’s motion.  Otherwise, a plaintiff could prevent dismissal before claim construction simply by noting without explanation that claim construction is ‘necessary.’  The Court rejects any such rule.”

36 comments:

Unknown said...

It has been simply extremely generous with you to provide openly what exactly many individuals would’ve marketed for an e-book to end up making some cash for their own end, primarily given that you could have tried it in the event you wanted.
--------------------------------
Rossmax blood pressure monitor india

Tareq Hasan said...

You would probably think that I was writing a lot of old rubbish, but please stay with me, as I can assure you that it is very possible and there are many cases reported worldwide to back up my statement See more neurology residency personal statement

Anonymous said...


Its a wonderful post and very helpful, thanks for all this information. You are including better information regarding this topic in an effective way.Thank you so much

Installment Loans Near Me
Title loans Near Me
Cash Advances Near Me

Biosyn said...

Custom Peptide Synthesis

Peptide Synthesis

Peptide Synthesis Services

Peptide Synthesis Company

Custom Peptide At : http://www.biosyn.com/peptide-synthesis.aspx

viplahoregirlspk said...

We Have Best Post and very helpful so Open My link Lahore Escorts and you need a service so then call me and you need a other citys services so open this links
Escorts in Islamabad
Escorts in Karachi

Indian Escorts in Malaysia said...

Thanks for sharing great information. Contact Me For Indian Escorts in Malaysia, Pakistani Escorts in Malaysia, Malaysia Escorts, Escorts in Malaysia and Much More Escorts Service.

escortsgirlsdoha said...



Indian Escorts in Doha
Call Girl in Doha
Muscat Doha
Doha Call Girl
Escort Doha

callgirlsmuscat said...



Indian Escorts in Muscat
Call Girl in Muscat
Muscat Escorts
Muscat Call Girl
Escort Muscat

callgirlsmuscat said...



Indian Escorts in Doha
Call Girl in Doha
Doha Escorts
Doha Call Girl
Escort Doha

Unknown said...

indiancallgirlsinmalaysia.com Give u best escorts girls in Kuala Lumpur Malaysia. give u brilliant escorts in Malaysia, Indian escorts in Malaysia and much more

Unknown said...

indiancallgirlsinmalaysia.com Give u best escorts girls in Kuala Lumpur Malaysia. give u brilliant escorts in Malaysia, Indian escorts in Malaysia and much more

Escorts in Lahore said...

Web are providing best escorts services in Lahore Pakistani escorts agency.


Escorts in Lahore
Escorts in Lahore
Escorts in Karachi
Escorts in Islamabad
Pakistani Escorts

Model Escorts in Pakistan said...

1. Wonderful items from you, man. I’ve take into account your stuff prior to and you’re just extremely magnificent. I really like what you have got right here, really like what you’re saying and the best way during which you say it. You make it enjoyable and you continue to take care of to keep it sensible. I can not wait to read much more from you. This is actually a tremendous website.|


Model Escorts in Pakistan
Celebrity Escorts in Pakistan
Model Escorts in Islamabad
Model Escorts in Karachi
Vip Model Escorts in Lahore

Escorts in Lahore said...

1. Wonderful items from you, man. I’ve take into account your stuff prior to and you’re just extremely magnificent. I really like what you have got right here, really like what you’re saying and the best way during which you say it. You make it enjoyable and you continue to take care of to keep it sensible. I can not wait to read much more from you. This is actually a tremendous website.|

Escorts in Lahore
Escorts Lahore

chilan said...

Thanks for sharing, nice post! Post really provice useful information!

Hương Lâm chuyên cung cấp bán máy photocopy và dịch vụ cho thuê máy photocopy giá rẻ, uy tín TP.HCM với dòng máy photocopy toshiba và dòng máy photocopy ricoh uy tín, giá rẻ.

Chandigarh Escorts said...

Really nice post..

That is in which we are to be had in beneficial, supplying you with escorts carrier in Chandigarh escorts to ensure that you are not lonely which you continue to be thrilled while inside the town.
Follow Us:_
Chandigarh escorts
Chandigarh escorts service

Call girls in Chandigarh
VIP Chandigarh escorts

Escorts service in Chandigarh
Chandigarh escorts

Islamabad Escorts said...

vipescortsinislamabad.com is one of the finest high-class escorts agency in Pakistan providing VIP escorts service +923030007221.

Escorts in islamabad

Model Escorts in Islamabad

Islamabad Escorts said...

Your selected Escorts in Islamabad will not disappoint you. We are absolutely proficient and have not an insignificant rundown of prevalent and high-class Vip Escorts in Islamabad. Do you require something new? Call us for amazing information.

Vip Escorts in Islamabad

Call Girls in Islamabad

Escorts in islamabad

Islamabad Escorts said...

I am from Islamabad and love my profession. It is almost 6 months I am associated to Models Escorts in Islamabad. I have very glamorous personality.

Vip Escorts in Islamabad

Call Girls in Islamabad

Escorts in islamabad

Top Escort Girls Pakistan said...

Welcome to Top Escort Girls Pakistan. We provide Lahore Escorts 03034811112 service in cities like Call Girls in Lahore, Call Girls in Islamabad, Call Girls in Karachi, Escorts in Karachi, Luxury Escorts in Lahore, Escorts in Islamabad, Escorts in Lahore.

Islamabad Escorts said...

Call Girls in Islamabad is popular+923001888821. The young ladies of Islamabad Escorts Girls figure out how to satisfy a customer's arousing prerequisites with polished skill.

Vip Escorts in Islamabad

Call Girls in Islamabad

Escorts in islamabad


Islamabad Escorts said...

All Escorts in Islamabad so great and hot body young ladies accessible in Vip Escorts in Islamabad. just call +923001888821.

Vip Escorts in Islamabad

Call Girls in Islamabad

Escorts in islamabad

mumbai loves said...

Delhi Ki Pyaasi Randi
Delhi Ki Pyaasi Randi
Delhi Ki Pyaasi Randi
Delhi Ki Pyaasi Randi
penis sucking
penis sucking
penis sucking
penis sucking
लंड चूसने की सही तरीका

Delhi Ki Pyaasi Randi
Delhi Ki Pyaasi Randi
Delhi Ki Pyaasi Randi
Delhi Ki Pyaasi Randi
penis sucking
penis sucking
penis sucking
penis sucking
लंड चूसने की सही तरीका

Delhi Ki Pyaasi Randi
Delhi Ki Pyaasi Randi
Delhi Ki Pyaasi Randi
Delhi Ki Pyaasi Randi
penis sucking
penis sucking
लंड चूसने की सही तरीका

Priya said...

pleasure call girls service in mumbai ##
Vip Model call girls service ##
Vip Model call girls service ##
Vip Model call girls service ##
Vip Model call girls service ##
Vip Model call girls service ##
Vip Model call girls service ##
Vip Model call girls service ##

Call Girls in Chennai said...

Hello everyone, Delhi Escort is giving you a high profile Female Call Girls in Hyderabad for Vip men if you are looking for memorable experience then most welcome to you. book here Call Girls in Chennai .

Bed Pari Bangalore Escorts said...

Bangalore Escorts
Bangalore Escorts
Bangalore Escorts
Bangalore Escorts
Bangalore Escorts
Bangalore Escorts
Bangalore Escorts
Bangalore Escorts
Bangalore Escorts
Bangalore Escorts

Payal Singh said...

Avail unlimited fun and enjoy in Dehradun Escorts endless sexual orgasms from horny girls who will be seductive and fierce in the bedroom and get sexual satisfaction. Escorts in Dehradun | Dehradun Escorts | Call Girls in Dehradun

sand blasting machine said...

Also known as abrasive blasting, sand blasting machine is a surface finishing process that involves the use of a powered machine — typically an air compressor as well as a sandblasting machine — to spray abrasive particles under high pressure against a surface. It’s called “sandblasting” because it blasts the surface with particles of sand. As the sand particles strike the surface, they create a smoother and more even texture. In this post, you’ll learn more about this surface finishing process and how it’s performed.

body to body massage centres in bangalore said...

In today's fast-paced world, stress and tension have become an integral part of our lives. We often find ourselves yearning for relaxation and a break from the daily grind visit body to body massage centres in bangalore

female to male spa near me said...

body to body massage centres in bangalore can help reignite the flame of passion between you and your partner. It's not just about relaxation; it's about connecting on a deeper, more intimate level.

body to body massage in bangalore said...

Finding the perfect massage parlour is crucial for those seeking a moment of relaxation and relief from life's stress. In this guide, we will explore the finest options available when you search for a full body massage.

female to male body massage in chennai said...

Before beginning the massage clients will choose from a variety of massage oils. They are usually mixed with essential oils to provide additional therapeutic benefits and pleasing scents

nuru massage in chennai said...

massages for the body can ease tension and improve concentration by lessening tension and stress and massage can help improve blood circulation in the body.

body to body massage in chennai said...

massage is essential for your body and not just through the yoga or exercise, so body to body massage in chennai are giving you a real service with your choice of hot massage girl therapist

body massage near me said...

It is very much appreciated that you have contributed your thoughts and observations regarding this topic. I believe that it is really important in this day and age, and I am grateful that the name of the author or blogger was included with nice post...

near me spa said...

Awesome post