Patently Obvious

Mayo Collab. Servs. v. Prometheus Labs. with Mr. Jonathan Singer


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Prometheus Laboratories is a biopharmaceutical company that specializes in treating GI diseases (gastrointestinal-relating to the stomach and intestines). Prometheus owned the patents to a diagnostic method that helped determine the proper dosage of a drug meant to treat autoimmune diseases (like Chrons). Mayo Collaborative is a for-profit diagnostics laboratory affiliated with the Mayo Clinic in Minnesota. In 2004, they began to sell diagnostic kits using an identical method to the one patented by Prometheus. Prometheus sued Mayo and the case made it to the Supreme Court–twice. Finally, in 2012, the Supreme Court held that Prometheus's method was unpatentable from the outset because it was akin to an unpatentable "law of nature."

Mr. Jonathan Singer heads the life sciences division at Fish & Richardson in San Diego. He is a seasoned patent attorney and an expert on pharmaceuticals and patent law. Mr. Singer argued on the side of Mayo and won.

Link to the case: https://www.supremecourt.gov/opinions/11pdf/10-1150.pdf

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Patently ObviousBy Michael Gniwisch

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