The Federal Court has spoken on AMP vs USPTO.
In an extensive and thorough opinion by Judge Lourie, the Court affirmed the District Court's decision on standing, reversed the decision regarding isolated DNA claims (i.e. allows patenting of isolated DNA sequences), and affirmed the decision of unpatentability for method claims reciting merely "comparison" steps, on the grounds that these claims failed the machine or transformation test from Bilski.
Judge Moore wrote a separate concurring opinion, explaining her decision to join Judge Lourie (with regard to the isolated genomic DNA claims) on the grounds that, at this late date it is up to Congress, not the courts, to extend the "laws of nature" exception to isolated DNA.
From my reading of the various legal opinions on this case, this is the result that has been expected since the very moment Judge Sweet made his original ruling in the case. See the Patent Docs blog.
Posed by Bruce Lehr July 29th 2011.
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