Wednesday, March 22, 2006

My Money's on Remand. Law.com reports that "Supreme Court Tackles Patentability of Scientific Phenomena." From the article: "'What was made by man here?' Justice Antonin Scalia asked repeatedly, referring to the Metabolite patent at issue in the case. The patent is for a test that signals serious vitamin B deficiencies in patients by measuring levels of homocysteine, an amino acid, in body fluids. But the patent also covers the basic correlation in nature between elevated levels of homocysteine and the vitamin B deficiency that makes the test effective." (Full disclosure: my firm is involved in this case.)

1 comment:

Lawrence B. Ebert said...

Interesting how a case that stirred such emotion is likely to be sent back.

On the Crichton op-ed,
http://ipbiz.blogspot.com/2006/03/michael-crichton-assails-metabolite.html