Daughter cases predicated on these two pivotal cases continue to roll out.
- See Kevin Noonan's discussion of Cleveland Clinic v True Health Diagnostics (blog here, original case here).
- Noonan also cites to his April 2016 discussion of another diagnostics case, Genetic Technologies LDT vs Merial LLC (blog here, original case here.)
- Both cases tend to roll out and extend what isn't patentable by the "law of nature" exclusion subsequent to Mayo/Prometheus and Ariosa/Sequenom (Wikipedia here).
"Unless the Supreme Court sees the error in its ways, or Congress overrules its Mayo/Alice decisions, technology transfer of university inventions will not be to startups and licensees but to copycats and pirates for the foreseeable future."Ouch. See also Noonan's 2016 Nature Reviews Drug Discovery article here. For an article on trying to improve diagnostics patentability, Morton & Clarke, here.