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ARTICLE · 03 AUGUST 2021

Spotlight On Upcoming Oral Arguments – August 2021

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The following telephone arguments will be available to the public live. Access information will be available by 9 AM ET each day of argument at: http://www.cafc.uscourts.gov/public-access-arguments.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Gracie K. Mills
Gracie K. Mills
Elizabeth Ferrill
Elizabeth Ferrill
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The following telephone arguments will be available to the public live.  Access information will be available by 9 AM ET each day of argument at: http://www.cafc.uscourts.gov/public-access-arguments.

Tuesday, August 3, 2021

Cybergenetics Corp. v. Institute of Envtl. Science, No. 21-1113

Cybergenetics accused the Institute of Environmental Science and Research (ESR) of infringing its patents relating to forensic analysis of DNA samples. DNA samples often contain multiple sources of DNA. The claimed methods purported to fix this "DNA mixture problem" by un-mixing, or "de-convoluting," DNA mixtures according to genotypes. The methods include: amplifying the DNA mixture; generating quantitative genotype data to reflect the genotypes in the sample; and creating a probability distribution for comparison with the genotype of a suspect. ESR filed a motion to dismiss, arguing the claims are ineligible under 35 U.S.C. § 101. The district court found at Alice step one

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