Mayo v. Prometheus: Bringing “Fire” to Medical Diagnostics or Extinguishing It?

May 11, 2012
Fox Rothschild LLP

Noon - 1 p.m. EST

Just a few weeks ago, the U.S. Supreme Court issued a unanimous ruling that claims directed toward the relationship between concentrations of blood metabolites and patient response to a therapeutic drug essentially claimed underlying laws of nature and were therefore unpatenable. This ruling not only reversed the Federal Circuit's earlier decision in the case, but also vacated the Federal Circuit's decision in the Myriad gene patent case, sending that decision back for reconsideration.

How will this affect patentability decisions for diagnostic method patents? How will this affect actions of PTO examiners and patent prosecutors? What is the impact on litigation and enforceability?

Join us for a discussion of the impacts of this major new decision where we'll cover:

• Recent District Court decisions;
• Implications on future Federal Circuit rulings;
• Criteria required to establish patent eligible subject matter;
• Claim drafting in compliance with the ruling's interpretation; and
• Lessons learned from the decisions for future patentability challenges.


Gerard P. Norton, Ph.D., Esq.
Chair, Intellectual Property Department
Fox Rothschild LLP

Janet M. MacLeod, Ph.D., Esq.
Partner, Intellectual Property Department
Fox Rothschild LLP

Peter J. Butch III, Esq.
Partner, Intellectual Property Department
Fox Rothschild LLP

Alysia Finnegan, Esq.
Assistant Counsel
Merck & Co., Inc.

Melissa Miller, Ph.D., Esq.
Senior Counsel, Patents
Bristol-Myers Squibb

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