December 17, 2020
Weil’s landmark win in the Federal Circuit on behalf of biotechnology innovator Illumina earlier this year was selected by Law360 as one of the biggest patent rulings of 2020. In March, our team convinced the appellate panel to reverse a trial court’s summary judgment order in favor of the defendant in the case, Ariosa, and in doing so, broke new ground in defining patent eligibility under Section 101 of the Patent Act.
The patents-in-suit relate to innovative DNA tests for Down Syndrome, and describe a “method of preparation,” marking the first time that the Federal Circuit has identified that as a patentable subject matter category under 35 U.S.C. § 101, which describes the requirements for patentability. The Weil team also defeated Ariosa’s petition for an en banc rehearing in August.
The Weil team that secured the ruling in March was co-led by Weil Patent Litigation and Life Sciences practices Co-Head Edward Reines and Patent Litigation partner Derek Walter, and included Patent Litigation associate Christopher Lavin.