On remand from Supreme Court for consideration in light of the June 2010 Bilski decision, the CAFC reverses the U.S. District Court for the Southern District of California, and remands with instructions to deny Mayo’s motion for summary judgment that the asserted claims are invalid under 35 U.S.C. § 101.
Decision by Judge Lourie, with Rader & Bryson.
" ... when asked the critical question, “What did the applicant invent?,” ... the answer is a series of transformative steps that optimizes efficacy and reduces toxicity of a method of treatment for particular diseases using particular drugs.
"In light of the foregoing analysis, we hold that Prometheus’s asserted method claims satisfy the preemption test as well as the transformation prong of the machine-or-transformation test."
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