Category Archives: Patent Eligible Subject Matter

Myriad Revisited – The Consequences of Prometheus Unbound

Posted on March 22, 2012 by Warren Woessner

In my last post on Prometheus, I concluded: It is hard to think of a diagnostic assay claim that does not either detect the +/- presence of a marker (like anti-HIV antibodies) or involve the comparison of the level of … Continue reading →

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Supreme Court Reverses In Prometheus v. Mayo!

Posted on March 20, 2012 by Warren Woessner

In a decision dated March 20, 2012, Justice Breyer writing for a unanimous court, held that claims to administering a drug, followed by measuring the levels of metabolites of the drug, in order to optimize the amount administered, are not patent … Continue reading →

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AMP Petitions for Cert. and A Look Back

Posted on December 16, 2011 by Warren Woessner

The Association for Molecular Pathology (AMP) has petitioned the Supreme Court to review the Fed. Cir.’s opinion of July 29th, that isolated BRCA DNA sequences are patentable subject matter. Its brief (a copy available at the end of this post) … Continue reading →

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Oral Argument in Mayo v. Prometheus – Why Mayo Will Lose

Posted on December 9, 2011 by Warren Woessner

On December 7th at 10:05 a.m., the Supreme Court heard oral arguments (transcript at end of this post) in the “Prometheus case,” presented by Stephen M. Shapiro of Meyer Brown (Mayo) and Richard P. Bess of Latham & Watkins. Solicitor … Continue reading →

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