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U.S. Supreme Court Prometheus Ruling May Limit Future Research

March 26, 2012
Last week’s U.S. Supreme Court decision on the patent eligibility of a diagnostic could have ramifications for in vitro diagnostic (IVD) devicemakers, limiting investment in novel tests because of uncertainty about what is and is not patentable, a U.S. patent attorney tells D&DL. The High Court ruled unanimously that Prometheus Laboratories’ biomarker-measuring diagnostic couldn’t be patented because it relied too much on measuring natural phenomena.
Devices & Diagnostics Letter