Decisions by the Patent Trial and Appeal Board in three interference proceedings between Stanford University and the Chinese University of Hong Kong (“CUHK”)—in which the Board found that methods of testing for fetal aneuploidies in DNA samples drawn from maternal blood were unpatentable for lack of written description—have been vacated by the U.S. Court of Appeals for the Federal Circuit. The Board relied on improper evidence to support its key findings and did not cite to other substantial evidence to support its findings, the Federal Circuit held (Board of Trustees of Leland Stanford Junior University v. Chinese University of Hong Kong, June 27, 2017, O’Malley, K.).

A full summary of this case has been published on Kluwer IP Law


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