Determining Patentability Of Personalized Medicine

Law360, New York (December 13, 2011, 12:43 PM EST) -- On Dec. 7, 2011, the U.S. Supreme Court heard arguments in Mayo Collaborative Services v. Prometheus Laboratories Inc. At issue is the standard for determining when certain types of medical methods are patent-eligible subject matter under 35 U.S.C. § 101, which operates as a gatekeeper to prevent patents issuing on a law of nature.

The claims at issue, licensed to Prometheus, are directed to so-called personalized medicine in which the dose of a drug for a patient is optimized by measuring the level of metabolites of...
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