The Patentability Of 'Personalized Medicine' Claims

Law360, New York (October 23, 2009, 1:05 PM EDT) -- In its first precedential opinion applying the “machine or transformation” test of In re Bilski to claims directed to methods of treating patients, the Federal Circuit held that steps implicitly requiring the assay of specimens are sufficiently transformative even if they do not require use of any particular instrument or assay method.

The patents at issue in Prometheus Laboratories v. Mayo Collaborative Services concerned methods for optimizing the dosage of certain drugs based on the results of blood tests.

Some claims incorporated the step of administering...
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