Personalized Medicine, Patents And The Supreme Court

Law360, New York ( August 16, 2011, 12:38 PM EDT) -- The patent eligibility of gene patents has been under significant scrutiny of late as is exemplified by Prometheus Labs. v. Mayo Collaborative Services (Mayo Clinic) (Fed. Cir. 2010). The claims at issue in the Prometheus v. Mayo case relate to optimization of a therapeutic regimen by administering a drug to a subject, determining the amount of the drug in the subject's blood and recalibrating the dosage of the drug being administered based on the determination of the amount of the drug in the blood after administration....

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