GSK Can't Use Prometheus To Nix Classen's Patent Suit

Law360, New York (August 9, 2012, 8:07 PM EDT) -- A Maryland federal judge on Thursday told GlaxoSmithKline PLC that it couldn't use the U.S. Supreme Court's recent Prometheus decision to dismiss Classen Immunotherapies Inc.'s lawsuit alleging the pharmaceutical giant infringed a patented infant immunization process.

U.S. District Judge William D. Quarles Jr. refused to declare Classen's immunization process unpatentable in light of the high court's March ruling in Mayo Collaborative Services v. Prometheus Laboratories, in which the justices said a similar treatment routine was unpatentable because it only described a law of nature.

Prometheus reinforced...
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