Further, the Federal Circuit upheld the district court's holding that the "the sale of a device does not exhaust a patentee's rights in its methods claims". See id.
See id. at 1369.Furthermore, the district court held that Intel's sale to Quanta exhausted LGE's systems patents claims, but that LGE's methods claims were not exhausted.
The Federal Circuit agreed with LGE, holding that the exhaustion doctrine did not apply because the notice provided by Intel to Quanta created a conditional sale, and that sales of patented devices do not exhaust a patent holder's methods claims.
Myriad noted that the court had rejected five of the six Myriad methods claims in dispute, but pointed out that 237 other methods claims for its cancer risk test, BRACAnalysis, were not affected.
At the same time, the court rejected five of Myriad's claims on ways to use the genes—"methods claims"—specifically, by comparing an individual's DNA sequence with a control or normal sequence to look for high-risk mutations.
Separately, recent work using computational phylogenetic methods claims to show that punctuational bursts play an important factor when languages split from one another, accounting for anywhere from 10 to 33% of the total divergence in vocabulary.
