Posts Tagged: prometheus laboratories


Industry Insiders Reflect on Biggest Moments in IP for 2012

For this inaugural edition of ?Biggest Moments in IP? we have a variety of reflections on a wide array of IP issues. Former Commissioner for Patents Bob …
By Gene Quinn
5 years ago 2

Prometheus v. Mayo – The Wrong Rat?

A decision with the right outcome but for the wrong reasons can confound jurisprudence nearly as much as a decision that is entirely wrong. It is difficult …
By Paul Cole
5 years ago 17

Insiders React to Supreme Court Prometheus Decision

Just over three weeks ago the United States Supreme Court issued a decision in Mayo Collaborative Services v. Prometheus Laboratories, which sent much of the patent world …
By Gene Quinn
5 years ago 25

Chakrabarty Controls on Isolated DNA Sequences, not Mayo*

Unfortunately this unspecific remand by the Supreme Court in AMP vacates as well the two-to-one ruling by this same Federal Circuit panel (Judges Lourie and Moore in …
By Eric Guttag
5 years ago 14

Is Your Patent Portfolio Safe from the Supreme Court?

The Prometheus decision shows that you can never know for sure what the outcome will be once you arrive at the Supreme Court. We also know that …

The Way Forward from Mayo Collaborative Services is through the Classen Immunotherapies Remand*

The reasoning in Mayo Collaborative Services makes no patent law logical sense on numerous grounds, including disregarding an important paragraph in the Supreme Court’s 1981 case of …
By Eric Guttag
5 years ago 14

The Prometheus Decision: No Worries, No Problem

Unlike many in the biotech community I do not think the Prometheus decision will break the biotech industry or even seriously affect it. Much like the car …
By Mary Beth Tung
5 years ago 16

Selective Precedent Amnesia: The Nonsensical Reasoning in the Supreme Court’s Mayo Collaborative Services Decision Part 3*

You could attribute what happened here to “selective precedent amnesia.” But frankly such mishandling of binding Supreme Court precedent in Mayo Collaborative Services is a huge problem. (…
By Eric Guttag
5 years ago 15

Prometheus – What are We to Make of All This?

From this perspective, (and setting aside considerations of novelty or obviousness) one might conclude that, rather than claiming some methods with reference to anything that looks like …
By Charles Gorenstein
6 years ago 3

A Matter of Patent Law Despotism: The Nonsensical Reasoning in the Supreme Court’s Mayo Collaborative Services Decision Part 2*

Those supporting the reasoning in Breyer’s opinion repeatedly “crow” that Mayo Collaborative Services was a 9-0 decision. But the fact that 9 technologically-challenged Justices reached a unanimous …
By Eric Guttag
6 years ago 58

Eviscerating Patent-Eligibility of Drug Testing Methods: The Nonsensical Reasoning in the SCOTUS Prometheus Decision*

Well, Justice Breyer, the writer of the dissenting opinion in Laboratory Corp. v. Metabolite Laboratories, Inc., finally got his wish. Writing the opinion for a unanimous Supreme …
By Eric Guttag
6 years ago 34

Killing Industry: The Supreme Court Blows Mayo v. Prometheus

The sky is falling! Those who feel the Supreme Court's decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc. is terrible are right, although many won't likely …
By Gene Quinn
6 years ago 144

Supreme Court Tackles §101 in Mayo v. Prometheus

This was a very interesting discussion, although I was surprised at how little Bilski was mentioned. Although the hearing did digress on some tangents, the Justices’ questioning …
By Ryan Chirnomas
6 years ago 3

Supreme Court Hears Oral Argument in Mayo v. Prometheus

All in all it seemed to me that the majority of the court seemed more skeptical about the Mayo position and more supportive of the Prometheus position. …
By Gene Quinn
6 years ago 20

Throwing Down the Gauntlet: Rader Rules in Utramercial that Breadth and Lack Specificity Does Not Make Claimed Method Impermissibly Abstract*

Some will undoubtedly view the Chief Judge’s basis in Ultramercial for distinguishing the ruling in CyberSource as being “slight of hand” and using “mirrors,” but it …
By Eric Guttag
6 years ago 25