Prometheus Laboratories, Inc.
A unanimous Supreme Court recently reversed the Federal Circuit in Mayo Collaborative Services v. Prometheus Labs Inc., (U.S. S Ct. decided March 20, 2012) holding that the two Prometheus patents do not cover patent eligible subject matter. The Federal Circuit reaffirmed its prior decision holding that Prometheus’ patents covered eligible…
The Federal Circuit has preserved patent-eligibility for medical diagnostics testing, finding that the administration of drugs and determination of resulting chemical levels can meet the machine-or-transformation test set forth in In re Bilski. In Prometheus Labs, Inc. v. Mayo Collaborative Servs., 581 F.3d 1336 (Fed. Cir. 2009), the U.S. Court…