Hear that sound? It’s a collective sigh of relief from the biotech sector. In a closely watched case at the U.S Court of Appeals for the Federal Circuit, Latham & Watkins helped its client Prometheus Laboratories overturn a ruling concerning the patentability of the company’s method to treat Crohn’s disease and other inflammatory bowel conditions. The lower court’s holding in favor of Mayo Collaborative Services and Mayo Clinic Rochester had raised the possibility that many diagnostic and treatment method patents might also be invalid. Here’s the 22-page decision from the Federal Circuit.
Prometheus’s patents cover tests that measure levels of metabolites produced after a person takes drugs used to treat Crohn’s disease and other conditions. These tests help doctors figure out how well a patient is responding to treatment and determine whether to modify drug dosage.
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