Patentability Of Biotech Inventions Remains Uncertain As Supreme Court Declines Case
This article was originally published in The Pink Sheet Daily
BIO, PhRMA, Lilly, Pfizer and Novartis had asked high court to take up Sequenom v. Ariosa to clarify its 2012 ruling in Mayo v Prometheus; now the Federal Circuit's broad interpretation continues to hold sway.
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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.
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