Advertisement

THE PROCESS

July 2, 2011 at 8:00PM

THE PROCESS

Mayo Clinic's seven-year fight to U.S. Supreme Court

June 15, 2004: Prometheus Laboratory, a diagnostic and pharmaceutical company in San Diego, sues the Mayo Clinic in the Southern District Court of California for infringing on two patents. The case involves an analysis that helps doctors determine whether patients are receiving the proper dose of medication. Mayo's decision to sell its own test prompts the lawsuit.

Nov. 22, 2005: The court rules that Mayo's blood test infringed on the patent.

May 10, 2007: Mayo argues before the California District Court that the patents are invalid, because they claim "natural phenomena," which is not patentable.

March 28, 2008: The District Court rules in favor of Mayo.

May 30, 2008: Prometheus appeals to the U.S. Federal Court of Appeals for the Federal Circuit, which decides patent cases.

Sept. 16, 2009: Federal Circuit reverses the California District Court, saying Prometheus' methods deserve patent protection under the "machine-or-transformation" provision -- meaning that when blood is drawn and processed, a transformation of matter takes place. The ruling is based on another Federal Circuit case, Bilski v. Kappos.

Oct. 22, 2009: Mayo appeals to the U.S. Supreme Court.

Advertisement
Advertisement

June 28, 2010: Before deciding whether to hear the Mayo case, the Supreme Court overturns the lower court in the Bilski case, saying it relied too heavily on the machine-or-transformation test.

June 29, 2010: The Supreme Court sends the Mayo case back to the Federal Circuit to reconsider in light of its Bilski decision.

Dec. 17, 2010: The Federal Circuit reconfirms that Prometheus' lab test is eligible for patent protection.

May 17, 2011: Mayo again appeals to the Supreme Court.

June 20, 2011: The Supreme Court agrees to hear the case when its new term begins in October.

about the writer

about the writer

More from Business

card image

The Institute of Museum and Library Services canceled $625,000 in four grants. The projects digitized collections of traditional Mexican textiles and North Dakota fossils as well as worked on equity and access issues.

card image
card image
Advertisement

To leave a comment, .

Advertisement
Advertisement