Innovation in Diagnostics and Patent Subject Matter Eligibility

This teleforum will focus on patent subject matter eligibility issues highlighted by the COVID-19 pandemic, particularly as they relate to patentability of medical diagnostic tests. The panel will provide a brief review of Section 101 case law, particularly the recent line of subject matter eligibility cases from the Supreme Court stemming from Alice Corp. v. CLS Bank and Mayo Collaborative Services v. Prometheus Laboratories, and will analyze the impact of these Supreme Court cases on innovation and investment in medical diagnostic technology. The panel will comment on the lessons to be learned from the COVID-19 pandemic, and provide recommendations for administrative and legislative actions that would assure the continuation of US leadership in medical diagnostics.

Featuring:
-- Prof. Paul R. Gugliuzza, Professor of Law, Temple University Beasley School of Law
-- Hon. David J. Kappos, Partner, Cravath Swaine & Moore LLP
-- Prof. David O. Taylor, Robert G. Storey Distinguished Faculty Fellow, Associate Professor of Law, Co-Director, Tsai Center for Law, Science and Innovation
-- Moderator: Mr. Andrew F. Halaby, Partner, Snell & Wilmer