On December 7, 2011, The U.S. Supreme Court heard arguments on the validity of two patents held by Prometheus Laboratories that cover instructions for observing changes in a patient’s body to set drug dosages in a decision that could impact the future of personalized medicine. Finnegan partner Denise DeFranco, who filed a brief supporting Prometheus on behalf of the American Intellectual Property Law Association (AIPLA), said that the Court's decision could have wide implications for investors, writing in an emailed comment, "If the Supreme Court decides that Prometheus's diagnostic patent claims are not patentable, then patents directed to methods of diagnosing and/or treating disease may be vulnerable to attack. Moreover, innovative techniques in the burgeoning field of personalize medicine may also no longer be eligible for patent protection.”
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