Eviscerating Patent-Eligibility of Drug Testing Methods: The Nonsensical Reasoning in the SCOTUS Prometheus Decision*Posted: Wednesday, Mar 21, 2012 @ 2:20 pm | Written by Eric Guttag | 34 comments
Posted in: Biotechnology, Eric Guttag, Guest Contributors, IP News, IPWatchdog.com Articles, Medical Devices & Methods, Patentability, Patents, US Supreme Court
Briefly, the claimed method in Mayo Collaborative Services determined (calibrated) the proper dosage of thiopurine drugs to treat both gastrointestinal and non-gastrointestinal autoimmune diseases. What the claimed method sought to do was optimize therapeutic efficacy while minimizing toxic side effects. The claimed method had essentially only two steps: (1) administering a thiopurine drug to a patient; and (2) determining the level of metabolites of the drug in the patient after administration. The claimed method also concluded with some “wherein clauses” that, if certain drug metabolites were below a certain level, that would indicate a need to increase the amount of the drug administered. Conversely, if those drug metabolites were above a certain level, that would indicate a need to decrease the amount of the drug administered. See CAFC: Method for Calibrating Drug Dosage Is Transformative.