Federal Circuit invalidates cardiovascular diagnostics patents
The US Court of Appeals for the Federal Circuit has affirmed a district court’s ruling in a dispute over diagnostic tests for cardiovascular diseases.
The Federal Circuit’s decision, which was handed down on Friday, June 16, came in a dispute between academic hospital The Cleveland Clinic Foundation, and True Health Diagnostics, a medical service company.
Cleveland Clinic accused True Health of infringing three of its patents that claim methods for testing for myeloperoxidase (MPO).
MPO is a protein secreted by white blood cells that signals inflammation and releases a substance that damages the cardiovascular system.
Cleveland Clinic also accused True Health of infringing a fourth patent that claims a method for treating a patient with cardiovascular disease.
The district court ruling, which was decided in the US District Court for the Northern District of Ohio, found that the asserted claims of the three testing patents were not directed to patent-eligible subject matter, relying on the US Supreme Court’s ruling in Alice Corp v CLS Bank Int’l.
It also found that Cleveland Clinic “failed to state a claim of contributory or induced infringement of the fourth patent”.
In 2003, Cleveland Clinic developed methods for detecting the risk of cardiovascular disease in patients by detection MPO.
True Health purchased the assets of Health Diagnostics Lab, which had contracted with the Cleveland Clinic to perform MPO testing.
But rather than continue doing business with Cleveland Clinic, True Health opted to create its own MPO testing.
This led to Cleveland Clinic suing True Health in November 2015, asserting infringement of the testing patents and moved for a temporary restraining order, as well as a preliminary injunction, which the district court denied.
After the district court denied Cleveland Clinic’s motion, Cleveland Clinic amended its complaint and added allegations of one of the patents.
True Health successfully dismissed the amended complaint at the district court, arguing that the testing patents were directed to patent-ineligible subject matter.
The company also argued that Cleveland Clinic failed to state a claim for indirect infringement of the patent which claims were amended.
The Federal Circuit said in its ruling: “We have considered Cleveland Clinic’s other arguments and do not find them persuasive. We thus affirm the district court’s grant of True Health’s motion to dismiss.”
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