Understanding Mayo V. Prometheus

Law360, New York (July 10, 2012, 1:29 PM EDT) -- The unanimous U.S. Supreme Court decision in Mayo Collaborative Services Inc. v. Prometheus Laboratories Inc., 566 U.S. __ (2012) (slip op. at 5-6), threatens loss of patent protection for biotechnological and pharmaceutical innovations. The court held that Prometheus’ methods for optimizing drug dosages in treating immune-mediated gastrointestinal (i.e., GI) diseases were invalid under statutory patent law (35 U.S.C. § 101) as drawn to patent-ineligible subject matter.

The convoluted history of the case includes the granting of two petitions for certiorari and primarily concerned the machine-or-transformation (MOT)...
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