AARP, PUBPAT ASK SUPREME COURT TO HEAR CASE INVOLVING PATENT ON ON MEDICAL CORRELATIONWASHINGTON, D.C. -- April 20, 2011 -- On behalf of AARP and itself, the Public Patent Foundation filed today an amici brief (PDF; 193kb) with the United States Supreme Court supporting an appeal of a lower court's decision to uphold a patent on a law of nature.
The case, Mayo Collaborative Services v. Prometheus Laboratories involves a patent on optimizing the dose of a drug given to a patient by measuring how much drug is in the patient and then deciding whether to incease, decrease or maintain the same level of dosing.
The Court of Appeals for the Federal Circuit held in December 2010 that the patent was directed to eligible subject matter. In their brief to the Supreme Court, AARP and PUBPAT wrote, "[T]he patenting of medical correlations – which are nothing more than expressions of laws of nature – has led to severe restraint on the provision of medical care and a greatly increased cost and reduced availability of vital medical services, damaging the public health of the nation."
The Supreme Court is expected to decide whether to take the case by July 2011.