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Genetic Veterinary Sciences v. LABOklin GmbH

Representative Claim(s)

  1. An in vitro method for genotyping a Labrador Retriever comprising: a) Obtaining a biological sample from the Labrador Retriever; b) Genotyping a SUV39H2 gene encoding the polypeptide of SEQ ID NO: 1; and c) Detecting the presence of a replacement of a nucleotide T with a nucleotide G at position 972 of SEQ ID NO: 2

Posture:

Motion for Judgement as a Matter of Law based on finding of non-patentable subject matter

Exception Category: Natural Phenomenon

“[T]he methods claimed in the ‘114 patent begin and end with the discovery of a natural phenomenon. . . . The fact that the research to which the patent refers is conducted in a lab does not form the basis for transforming the discovery of a law of nature into patent eligible subject matter.” In addition, “Defendants’ expert also testified that he believed ‘the mutation does occur naturally.’ ”

“When the [complex patent] language is explained, the patent simply states that the search for the mutation involves the laboratory examination of Labrador Retriever DNA, which resulted in the discovery of the mutation, which in combination with similar mutations on Labrador Retrievers who mates with a carrier results in offspring having a higher probability of inheriting the mutation. The mutation itself and the faction that it is inherited through male and female dog carriers mating are both natural phenomena.”

Significantly More: No

“Claims 2 and 3 of the ‘114 patent recite a number of alternative methods to locate the mutation, all of which are well-known and have been around for decades.”

“Accordingly, after translating the complex scientific jargon used in the patent, the result is that it contains a valuable scientific discovery of a natural phenomenon without any inventive concept to transform it from patent ineligible subject matter to patent eligible subject matter.”