Less than two months before the Supreme Court is scheduled to review the Federal Circuit's en banc decision in In re Bilski that found Bilski's business method claims unpatentable under 35 U.S.C. ' 101, the Federal Circuit held in Prometheus Labs., Inc. v.
Is the Federal Circuit Playing with Fire?
Less than two months before the Supreme Court is scheduled to review the Federal Circuit's <i>en banc</i> decision in <i>In re Bilski</i> that found Bilski's business method claims unpatentable under 35 U.S.C. § 101, the Federal Circuit held in <i>Prometheus Labs., Inc. v. Mayo Collaborative Servs.</i> (Fed. Cir. 2009) that claims to a diagnostic method are patent-eligible subject matter. The Federal Circuit reversed the district court's decision and held that Prometheus' personalized medicine claims satisfied the machine or transformation test set out in <i>Bilski</i>.
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Tammy Van HeyningenThis premium content is locked for The Intellectual Property Strategist subscribers only
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