Prometheus vs. Mayo Scotus Post
Ali Ahmed
vs.
Prometheus vs Mayo is a case whose controversy stems from the limits of patent laws that have been debated for over the last 10 years. Prometheus is a company that produces metabolic blood tests. Prometheus believed that they could patent correlations between results from their type of blood test and how doctors could diagnos of the tests to give make judgement on prescripcion dosages.. Mayo is a company that also produces blood tests. Prometheus saw that doctors were using other blood tests to make these same correlations and instead of going after the doctors attacked the blood test they patented their the correlation. The state of California didn't allow the patent to stand becuase they believed it was not patentable. Soon after the patents was allowed again under the Federal Circuit.
Mayo didn't believe this patent was legitimate and brought it to the Supreme Court. They were challenging the court ruling that the Federal Circuit passed. Mayo believed that the patent didn't fall under of the catagories required under a patent, "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof". This problem also arose earlier in the decade when computer algorithms were trying to be patented. Does a correlation fall under a patentes requirements?
The supreme seems to be siding on the side that it doesn't. From the proceedings in december, it was evident that patent was way too broad. In opposed to patenting actual correlations in dosage number, which the Supreme court said would have passed, they patented the idea that their is a correlation. The problem is that it is just an idea. If the Supreme court makes a definitive decision on what a patent actual is, it will eliminate cases like this. I think the Supreme court will probably vote against the patent. I also hope they make specifics as to how their patents would have actually qualified I hate seeing cases where the ideas so general are patented so that a company can exclude competitors.
vs.
Prometheus vs Mayo is a case whose controversy stems from the limits of patent laws that have been debated for over the last 10 years. Prometheus is a company that produces metabolic blood tests. Prometheus believed that they could patent correlations between results from their type of blood test and how doctors could diagnos of the tests to give make judgement on prescripcion dosages.. Mayo is a company that also produces blood tests. Prometheus saw that doctors were using other blood tests to make these same correlations and instead of going after the doctors attacked the blood test they patented their the correlation. The state of California didn't allow the patent to stand becuase they believed it was not patentable. Soon after the patents was allowed again under the Federal Circuit.
Mayo didn't believe this patent was legitimate and brought it to the Supreme Court. They were challenging the court ruling that the Federal Circuit passed. Mayo believed that the patent didn't fall under of the catagories required under a patent, "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof". This problem also arose earlier in the decade when computer algorithms were trying to be patented. Does a correlation fall under a patentes requirements?
The supreme seems to be siding on the side that it doesn't. From the proceedings in december, it was evident that patent was way too broad. In opposed to patenting actual correlations in dosage number, which the Supreme court said would have passed, they patented the idea that their is a correlation. The problem is that it is just an idea. If the Supreme court makes a definitive decision on what a patent actual is, it will eliminate cases like this. I think the Supreme court will probably vote against the patent. I also hope they make specifics as to how their patents would have actually qualified I hate seeing cases where the ideas so general are patented so that a company can exclude competitors.
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