Vedder Price

Vedder Thinking | Articles IP Bulletin - Supreme Court Applies "Machine-or-Transformation Test" to Diagnostic Patents


Reader View

On March 20, 2012, the Supreme Court unanimously ruled in Mayo Collaborative Services v. Prometheus Laboratories Inc. that a method for adjusting a drug dosage after observing a patient's reaction to a drug administration was patent ineligible subject matter under 35 U.S.C. § 101. The Supreme Court overturned the U.S. Court of Appeals for the Federal Circuit and ruled that two patents owned by Prometheus are invalid because they covered naturally occurring phenomena.

To read the entire bulletin, please click the link below.