Prometheus - What are We to Make of All This?

Charles Gorenstein for IP Watchdog

The Prometheus decision reflects that Supreme Court is obviously concerned about the possibility that a patent claim might preempt a law of nature and thereby broadly restrict use and application of the underlying principles.Perhaps the concern is heightened by the fact that the claimed method relates to treatment of disease, and the prospect of preempting such treatment is troubling.The reasoning set forth in the opinion, however, is anything but helpful.

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