Supreme Court To Weigh Patentability Again In Mayo Case

Law360, New York (June 20, 2011, 2:36 PM EDT) -- One year after after considering the test for determining patentability in Bilski, the U.S. Supreme Court on Monday agreed to weigh in on the issue again in a suit over a blood test method patented by Prometheus Laboratories Inc.

The Federal Circuit has ruled twice, both before and after Bilski was decided, that Prometheus' method is patentable under the machine-or-transformation test. It rejected arguments by Mayo Medical Laboratories, which is seeking to market a similar method, that Prometheus was attempting to monopolize natural biological relationships....
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