Federal Circuit Finds Method of Treatment Claims Patentable

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Prometheus Laboratories, Inc. v. Mayo Collaborative Services, No. 08-1403, (December 17, 2010), available here. In the first case to consider the patentability of a life sciences invention since the U.S. Supreme Court decided Bilski v. Kappos, the Federal Circuit held that medical treatment claims asserted by Prometheus Laboratories were eligible for patent protection.

Prometheus?s asserted claims are directed to methods for determining the optimal dosage of certain drugs, including 6-mercaptopurine (“6-MP”), which is broken down into metabolites, including 6-methylmercaptopurine (“6-MMP”) and 6-thioguanine (“6-TG”). The claimed methods typically require...

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