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January 26, 2012

GEN Readers Expect Justices to Side with Mayo in Diagnostics Case Against Prometheus

  • Prometheus v. Mayo will be an open-and-shut U.S. Supreme Court case for Mayo Collaborative Services, judging by GEN's poll on the outcome of this lawsuit.Some 70% of respondents predict that the high court will rule against Prometheus Laboratories, overturning the decision by the Court of Appeals for the Federal Circuit last December. While 10% of respondents were undecided, 20% believe that Prometheus will win out.

    The key question wrought by the patent litigation is: When does a claim involving diagnostic and treatment-related chemical observations, among examples of natural phenomena, meet the threshold for patent eligibility? The case is being closely watched by molecular diagnostics companies seeking direction about what intellectual property they can and cannot patent.

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