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Drug Calibration Patents Under Scrutiny As Supreme Court Weighs How To Build On Law Of Nature

 
• By Brenda Sandburg

During oral arguments in Mayo v. Prometheus, justices question what standard to apply in assessing whether the correlation of a drug’s metabolites to proper dosage is patentable; ACLU petitions court to review Myriad gene patent case.

Supreme Court justices grappled with the standard to apply in determining whether a test that correlates a drug’s metabolites to proper dosage is patent-eligible during Dec. 7 oral arguments in Mayo Collaborative Services v. Prometheus Laboratories Inc.

The justices questioned Mayo’s contention that Prometheus’s patent simply covers a natural phenomenon. But they also asked whether the application...

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