Genetic Technologies Limited v. Merial L.L.C., No. 15-1202 (Fed. Cir. Apr. 8, 2016)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Genetic Technologies Limited (“GTG”) brought suit against Merial L.L.C. (“Merial”) and Bristol-Myers Squibb (“BMS”) (together, “appellees”). GTG alleged that appe l- lees had infringed U.S. Patent No. 5,612,179 (“the ’179 patent”), which relates to methods of detecting genetic variations. The district court grant ed appellees’ motions to dismiss for failure to state a claim and entered final judgment that claims 1– 25 and 33– 36 of the ’ 179 patent are ineligible for patenting under 35 U.S.C. § 101.