Dowd Scheffel Files Amicus Brief for The Honorable Paul R. Michel (Ret.) in Important § 101 Patent-Eligibility Appeal

Dowd Scheffel recently filed an amicus curiae brief on behalf of the Honorable Paul. R. Michel (ret.), the former chief judge of the U.S. Court of Appeals for the Federal Circuit. The amicus brief was filed in an appeal from a Delaware district court’s decision in the Regenxbio Inc. v. Sarepta Therapeutics, Inc. case. The district court decided that the claimed genetically engineered cells are not patent-eligible under § 101.  As the amicus brief explains, “[t]his is an easy case,” identifying several flaws in the district court’s reasoning.  The amicus brief also details how “it is not possible to reconcile the district court’s holding with the Supreme Court’s ruling in [Diamond v.] Chakrabarty,” the seminal 1980 decision which confirmed that genetically engineered bacteria are eligible for patent protection. The brief is linked below.

0033. (05-17-2024) CORRECTED AMICUS CURIAE BRIEF FILED by Amicus Curiae Honorable Paul R.

Download • 538KB