Think Tanks Back Mayo In High Court Patent Fight

Law360, New York (September 15, 2011, 10:47 PM EDT) -- The Cato Instute, Reason Foundation and the Competitive Enterprise Institute submitted a joint amicus brief to the U.S. Supreme Court on Thursday backing Mayo Medical Laboratories' efforts to roll back the Federal Circuit’s definition of “process” patents.

The public policy think tanks urged the Supreme Court to find that Prometheus Laboratories Inc.’s method for testing a patient’s blood to determine optimal drug dosages was unpatentable, arguing that the Federal Circuit’s interpretation threatened the nation’s economic well-being.

“Prometheus’s patents are two among thousands of abstract process patents which have been improvidently granted since the 1990s,” the policy groups wrote. “The patents at...

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