Earlier today, the United States Supreme Court announced that it would be hearing the appeal in Mayo Collaborative Services v. Prometheus Laboratories, Inc. The Amazon.com hearing before the Federal Court of Appeal is scheduled for tomorrow in Toronto.
Amazon.com: This is an appeal from the decision of Justice Phelan allowing Amazon.com’s patent application on the basis of patentable subject matter. The hearing is scheduled to start at 9:30 on June 21, 2011 in Toronto. Memorandum from the parties are available on IPPractice.ca from the appellant (CIPO) and the respondent (Amazon.com). The Canadian Life and Health Insurance Association Inc. and the Canadian Bankers Association have intervened in the proceeding and filed their own memorandum.
Prometheus Labs: The United States Supreme Court granted the petition for writ of certiorari from the CAFC in Mayo Collaborative Services v. Prometheus Laboratories, Inc. The question to be considered by the United States Supreme Court will be:
Whether 35 U.S.C. § 101 is satisfied by a patent claim that covers observed correlations between blood test results and patient health, so that the claim effectively preempts all uses of the naturally occurring correlations, simply because well-known methods used to administer prescription drugs and test blood may involve “transformations” of body chemistry.