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December 07, 2011

<i>Prometheus v. Mayo</i>

The U.S. Supreme Court hears oral arguments on December 7 in a case closely watched by molecular diagnostics companies seeking guidance about what intellectual property they can and cannot patent. Mayo Collaborative Services (doing business as Mayo Medical Laboratories) and Mayo Clinic Rochester have urged the justices to overturn a decision by the Court of Appeals for the Federal Circuit last December upholding two diagnostic method patents owned by Prometheus Laboratories. At issue in Prometheus Laboratories, Inc. v. Mayo Collaborative Services are patents covering the methods of dosage calibration for thiopurine drugs for gastrointestinal and nongastrointestinal autoimmune diseases. The methods were designed to account for the context of a treatment regimen based on the individual patient’s metabolism. Will the justices side with Prometheus or Mayo?

Do you think the Supreme Court will uphold the Federal Circuit and side with Prometheus?

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