Mayo v. Prometheus -- Implications for Diagnostics, Biomarkers, and Personalized Medicine

In This Presentation:

- What *Should* be Eligible for a Patent?

- And According to Congress

- What are the Exceptions to Eligibility?

- Mayo Collaborative Services v. Prometheus Laboratories, 566 U.S. __ (March 20, 2012)

- Sample Claim in Prometheus

- The “Law of Nature”

- The Decision

- The “Administering” Step

- The “Determining” Step

- The “Wherein” Clauses

- Myriad on Remand after Prometheus– What to Expect?

- Myriad “Isolated DNA”Claims

- Myriad Diagnostics Claims

- Myriad Screening Claims

- Where Does the Case Law Leave Us?

- Enforcing Patents and “Split Infringement”

- Akamai v. Limelight (continued)

- McKesson v. Epic Systems (Fed. Cir. 2011)

- Akamai and McKesson

- Akamai and McKesson – What Impact?

- Recommendations after Prometheus

- Hint #1: Include Significant “Post-Solution Activity”

- Hint #2: Include “Several Unconventional Steps”

- Hint #3: Avoid “improperly tying up the future use of laws of nature”

- Hint #4

Please see full presentation below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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