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Prometheus Labs., Inc. v. Mayo Collaborative Servs., No. 08-1403

By FindLaw Staff on September 16, 2009 | Last updated on March 21, 2019

In a patent infringement case involving methods for calibrating proper dosage of drugs used to treat gastrointestinal and non-gastrointestinal autoimmune diseases, summary judgment of invalidity is reversed as the court erred as a matter of law in finding the asserted claims to be drawn to non-statutory subject matter, as the claimed methods satisfy all of the requirements under In re Bilski's, 545 F.3d 943 (Fed. Cir. 2008), transformation prong for patent-eligible subject matter under 35 U.S.C. section 101.      

Read Prometheus Labs., Inc. v. Mayo Collaborative Servs., No. 08-1403

Appellate Information

Appeal from:  United States District Court for the Southern District of California

Decided September 16, 2009


Before Michel, Chief Judge, Lourie, Circuit Judge, and Clark, District Judge. 
Opinion by Lourie, Circuit Judge.   


For Appellant: Richard P. Bress, Latham & Watkins LLP, of Washington DC. 

For Appellee: Jonathan E. Singer, Fish & Richardson PC, of Minneappolis, Minnesota.

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