Supreme Court Set to Decide Validity of ‘Abstract Process’ Patents

On December 7, 2011, The U.S. Supreme Court will hear arguments on the validity of two patents held by Prometheus Laboratories that cover abstract thoughts or processes in the field of biological sciences. The patents involve methods for calibrating the proper dosage of drugs to treat autoimmune diseases, according to filings before the high court. Finnegan partner Denise DeFranco said of the case, “Many patents in the life science space may be impacted by the decision…If the Supreme Court decides that Prometheus’ diagnostic patent claims are not patentable, then patents directed to methods of diagnosing and/or treating disease may be vulnerable to attack."