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

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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