Supreme Court Rules Prometheus Personalized Medicine Claims Not Patent-Eligible

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On March 20, 2012, the U.S. Supreme Court issued its ruling in Mayo Collaborative Services v. Prometheus Laboratories, Inc., striking down patent claims directed to methods of optimizing patient treatment in which the level of a certain drug metabolite is measured to identify a need to increase or decrease dosage levels. The unanimous decision authored by Justice Breyer reversed the Federal Circuit’s finding of patent-eligibility based on the claims embracing the transformative steps of “administering” a drug and “determining” metabolite levels.

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Published In: Intellectual Property Updates

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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