Drug Calibration Patents Under Scrutiny As Supreme Court Weighs How To Build On Law Of Nature
This article was originally published in The Pink Sheet Daily
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.
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The court’s finding that Prometheus’ drug calibration test is unpatentable has left the biotech community reeling with uncertainty as to whether method of treatment claims, particularly those involving biomarkers, will be patent eligible.
The high court denied J&J’s request for review of a Federal Circuit decision that overturned a $1.67 billion jury verdict against Abbott’s Humira; it made no decision on ACLU’s petition for review of Myriad Genetics’ BRCA gene patents.
The biotech and pharmaceutical industries oppose a broad ruling that would prevent patenting of medical processes and diagnostics. Mayo is challenging patents on the correlation between drug metabolites and proper dosage.