Show Summary Details
You do not have access to this content

The US Supreme Court in Mayo v Prometheus – taking the fire from or to biotechnology and personalized medicine?

Supreme Court of the United States, Mayo Collaborative Services, dba Mayo Medical Laboratories, et al., Petitioners v Prometheus Laboratories, Inc., 132 S.Ct. 1289

Timo Minssen and David Nilsson

Keywords: biotechnology; personalized medicine; patents; diagnostic methods; dosage regimes

On 20 March 2012, the US Supreme Court handed down its much awaited patent-eligibility ruling in the dispute between Prometheus Laboratories Inc (‘Prometheus’), acting as plaintiffs, and Mayo Medical Laboratories (‘Mayo’), as alleged infringers of Prometheus' licensed patents. 1 The decision addresses primarily the US patent-eligibility of diagnostic methods and dosage regimes, but it could ultimately also affect the patent-eligibility of isolated or purified biological and chemical compounds. This case review will first briefly describe the background to the case and the patents at issue (section 1), the procedural history (section 2), and the judgment of the Supreme Court (section 3). This is followed by a brief discussion of the decision's actual and potential implications for the patentability of biomedical methods and products including some comparative European views (section 4). The paper concludes with general remarks (section 5).

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.