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Konstantin Linnik Weighs In on USPTO Guidance in Medical Device Daily

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Konstantin Linnik, Ph.D., a partner in Nutter's Intellectual Property Department and Life Sciences practice group, was quoted extensively by Medical Device Daily in the article “USPTO Guidance Should Boost Biotech Patents.” According to Konstantin, the guidance provides more specific example to the examiners of the types of inventions in the biotech and diagnostics industries that would seem to meet the criteria that are enunciated in the Supreme Court and lower courts. Noting that the Supreme Court will soon decide whether to this year hear the case, Sequenom Inc. vs. Ariosa Diagnostics Inc, he added, “The current U.S. jurisprudence puts the U.S. out of sync with the rest of the industrialized world. It effectively deprives the emerging field of personalized medicine of any intellectual property protection in the U.S., while most other countries are taking a different approach.”

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