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Prometheus Laboratories, Inc. v. Mayo Collaborative Services (Fed. Cir. 2010)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- On Friday, the Federal Circuit continued its explication of the metes and bounds of patent-eligible subject matter after the Supreme Court's Bilski v. Kappos decision by revisiting (and reconsidering) its decision in Prometheus Laboratories, Inc. v. Mayo Collaborative Services. The Court in its earlier decision had reversed a District Court determination that the claims of the patents-in-suit (U.S. Patent Nos. 6,355,623 and 6,680,302) were invalid as being outside the scope of patent-eligible subject matter under 35 U.S.C. § 101, based on its application of the "machine or transformation" test enunciated in In re Bilski. The...

Full post as published by Patent Docs on December 21, 2010 (boomark / email).