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David Raczkowski Ph.D.
is a Partner in Kilpatrick Townsend's San Francisco office. He focuses his practice on patent preparation, prosecution, and counseling. He has worked in bioinformatics for over 13 years. His background in computational physics helps him represent clients in complex algorithmic technologies, such as bioinformatics, signal processing, cryptography, and artificial intelligence.
For more information or to contact David, please visit his Firm Profile Page.
For more information or to contact David, please visit his Firm Profile Page.
Recent Articles by
CAFC Decision in CardioNet Should Make More Accurate Diagnostics Patentable
A strategy for the COVID-19 pandemic is testing for antibodies to determine possible immunity. Such diagnostic tests may suffer from a high false positive rate. Improving accuracy is therefore desirable. However, the U.S. Patent and Trademark Office (USPTO) is generally not receptive to diagnostic claims that improve accuracy. The recent case of CardioNet v. Infobionic, makes patenting more accurate diagnostics easier. CardioNet considered whether a more accurate cardiac monitoring device was eligible. Claim 1 recites a device that detects abnormal heart rhythms (atrial fibrillation or atrial flutter) in a patient. The district court held that the claims were directed to an abstract idea of identifying atrial fibrillation or atrial flutter “by looking at the variability in time between heartbeats and taking into account ventricular beats.” The Federal Circuit reversed and held an improved cardiac monitoring device was not an abstract idea.