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

Newsletter/Bulletin

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.

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