In a patent infringement case involving methods for calibrating proper dosage of drugs used to treat gastrointestinal and non-gastrointestinal autoimmune diseases, summary judgment of invalidity is reversed as the court erred as a matter of law in finding the asserted claims to be drawn to non-statutory subject matter, as the claimed methods satisfy all of the requirements under In re Bilski's, 545 F.3d 943 (Fed. Cir. 2008), transformation prong for patent-eligible subject matter under 35 U.S.C. section 101.
Appeal from: United States District Court for the Southern District of California
Decided September 16, 2009
For Appellant: Richard P. Bress, Latham & Watkins LLP, of Washington DC.
For Appellee: Jonathan E. Singer, Fish & Richardson PC, of Minneappolis, Minnesota.