By Kevin E. Noonan — Last week, the Federal Circuit took the opportunity presented in an appeal from judgment on the pleadings in XY, LLC v. Trans Ova Genetics, LC to distinguish claims directed toward a patent-eligible invention from invalidation under the Supreme Court’s imperfectly applied Alice Corp. v. CLS Bank Int’l (2014) test. The case arose over XY’s assertion of Reissue Patent No. RE46,559 as well as U.S. Patent Nos. 6,732,422, 7,723,116, and 8,652,769 against Trans Ova. The claims of the ‘559 reissue patent were directed to improving flow cytometric analysis. As set forth in the opinion, the claimed…
