Yesterday, the United States Supreme Court heard oral arguments in the case of Mayo Collaborative Services v. Prometheus Laboratories, Inc., in which Mayo petitioned the Court to determine whether claims of Prometheus’ patent directed to optimizing dosage levels of thiopurine for the treatment of various autoimmune disorders is patent eligible subject matter under 35 U.S.C. 101. More specifically, the claims call for “administering” a certain amount of thiopurine to a patient and “determining” from the resulting metabolite level whether or not to increase or decrease the dosage.
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Composition claims to “isolated” DNA molecules are patent eligible under 35 USC 101 as nonnaturally occurring compositions of matter — this, among other decisions, is what the Court of Appeals for the Federal Circuit (“CAFC”) published in its opinion of August 16, 2012.