Late last year, the Court of Appeals for the Federal Circuit ruled that certain biotechnology method claims as applied to humans are patentable subject matter under 35 U.S.C. §101.  In Prometheus Labs. Inc. v. Mayo Collab. Serv., Docket 2008-1403 (Fed. Cir., December 17, 2010), on remand from the United States Supreme Court with instructions to revisit their previous ruling in view of the determination in Bilski, the Federal Circuit affirmed their initial decision that the patent claims at issue are valid and patentable.

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