Citing Prometheus, Judge Invalidates 'Abstract' ABL Patents

Law360, New York (April 6, 2012, 6:06 PM EDT) -- A Washington federal judge last month threw out two Advanced Biological Laboratories SA patents in an infringement suit with SmartGene Inc., saying they did no more than describe a natural, mental process, rendering them invalid in light of the U.S. Supreme Court's recent Prometheus decision.

In what may be the first patent infringement ruling to cite the Supreme Court's decision in Mayo Collaborative Services v. Prometheus Labs Inc., U.S. District Judge Beryl A. Howell on March 30 granted SmartGene's motion for summary judgment, which asked the...
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