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January 11, 2012

<i>Prometheus v. Mayo</i>

During oral arguments before the U.S. Supreme Court in a case being watched closely by molecular diagnostics companies, justices repeatedly asked lawyers for Prometheus Laboratories and Mayo Collaborative Services for direction on the key question wrought by the patent litigation: When does a claim involving diagnostic and treatment-related chemical observations, among examples of natural phenomena, meet the threshold for patent eligibility?

The justices didn’t get the clear answer they sought. Now it will be up to the nine to answer the question as they decide Prometheus v. Mayo by looking to the law to determine what intellectual property molecular diagnostics companies can and cannot patent. What do you think?

What will the Supreme Court decide in this much-watched molecular diagnostic lawsuit?

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