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ARTICLE · 22 JUNE 2011

Supreme Court Docket Report – June 20, 2011

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Federal law allows inventors to patent "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof." 35 U.S.C. § 101.

United StatesLitigation, Mediation & Arbitration

Originally published June 20, 2011

Keywords: appellate, patentability, Real Estate Settlement Procedures Act, kickback,

Today the Supreme Court granted certiorari in two cases of interest to the business community:

Patent Law—Patentability under 35 U.S.C. § 101

Federal law allows inventors to patent "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof." 35 U.S.C. § 101. There are, however, "three specific exceptions to § 101's broad patent-eligibility principles: laws of nature, physical phenomena, and abstract ideas." Bilski v. Kappos, 130 S. Ct. 3218, 3225 (2010). The Supreme Court granted certiorari today in Mayo Collaborative Services v. Prometheus Laboratories, Inc., No. 10-1150, in order to examine the scope of the "laws of nature" exception, as it applies to observed medical correlations between blood test results and patient health.

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