Bilski Doesn't Doom Prometheus Patents: Fed. Circ.

Law360, New York (December 17, 2010, 7:12 PM EST) -- A three-judge panel of the U.S. Court of Appeals for the Federal Circuit on Friday upheld its decision that Prometheus Laboratories Inc.'s medical tests are patentable under the machine-or-transformation test, finding that the U.S. Supreme Court's Bilski ruling did not invalidate the test.

The published decision reverses for the second time a lower court's grant of summary judgment to Mayo Medical Laboratories, which had argued that a blood test method used to calibrate drug treatments should not be patentable.

The case has been something of a...
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