Is Mayo V. Prometheus Really A Game Changer?

Law360, New York (April 11, 2012, 12:31 PM EDT) -- On March 21, 2012, the U.S. Supreme Court invalidated patent claims directed to “optimizing the therapeutic efficacy” of a drug by administering the drug to a patient and determining the level of the drug’s metabolic byproducts in the patient’s blood. In Mayo Collaborative Services v. Prometheus Laboratories Inc., the Supreme Court unanimously held that such claims were directed to unpatentable “laws of nature” rather than patentable applications of such laws.

The United States Court of Appeals for the Federal Circuit had twice held the claims to...
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