Exploring Viability Of 'Diagnose And Treat' Method Claims

By Brian Amos and Alan Miller (December 20, 2017, 1:22 PM EST) -- The enforceability of single claims that cover the steps of both diagnosing and treating a patient is discussed in view of Cleveland Clinic Foundation v. True Health Diagnostics LLC[1], which held that the claims in U.S. Patent No. 9,170,260[2] were not infringed under either contributory infringement or induced infringement.

Patentability of Medical Diagnostic Method Claims

The 2012 U.S. Supreme Court Mayo decision[3] effectively limited patentable processes in the field of medical diagnostics[4] with a potential impact on the development of personalized medicine in the U.S.[5] While the impact on diagnostic method claims was profound, method of treatment claims were largely unaffected....

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