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The Mayo Collaborative Services And Mayo Clinic Rochester

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In 2004 Mayo Collaborative Services and Mayo Clinic Rochester (Mayo) announced that they would be releasing a diagnostic test that utilizes thiopurine drugs to treat autoimmune diseases. Mayo’s announcement came after they had purchased and utilized similar diagnostic tests based on Prometheus Laboratories, Inc. (Prometheus) patents. After Mayo’s Prometheus sued Mayo claiming patent infringement. This paper will examine the Mayo Collaborative Services v Prometheus Laboratories, Inc. case that refers to the patent infringement law. We will examine both sides of the case by exploring Diamond v. Diehr, Mackay Radio & Telegraph Co. v. Radio Corp. of America, Bilski v. Kappos, and Parker v. Flook’s relationship with the case. This paper will ultimately conclude in favor of Mayo because Prometheus’ patents effectively claim natural laws and are therefore not patent eligible.

Prometheus holds two patents that relate to the claim in question, which utilize thiopurine drugs to treat autoimmune diseases. Since patients metabolize these drugs at different rates doctors found it difficult to decipher if a specific dosage was too high, potentially causing harmful side effects, or too low, potentially rendering the drug ineffective. What Prometheus research found was a correlation between metabolite levels and likelihood of harm or ineffectiveness. Their patent claimed “(1) an “administering” step—instructing a doctor to ad¬minister the drug to his patient—(2) a “determining”

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