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Medical Diagnostic Claims Patent-Eligible after Bilski
by Richard H. Brown
Day Pitney LLP - Morristown Office
Jonathan B. Tropp
Day Pitney LLP - Stamford Office
Lindsay S. Adams
Day Pitney LLP - New York Office
Keith J. McWha
Day Pitney LLP - New York Office
T. David Bomzer
Day Pitney LLP - New York Office
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October 14, 2009
Previously published on October 5, 2009
In Prometheus Laboratories, Inc., v. Mayo Collaborative Services, 2008-1403 (September 16, 2009), the Federal Circuit, on first impression, held medical diagnostic claims to be patent-eligible subject matter under the "machine or transformation" test first elucidated in In re Bilski, 545 F.3d 943 (Fed. Cir. 2008). In Bilski, the Federal Circuit held certain claims directed to a "business method" to be invalid under the "machine or transformation" test for lack of patent-eligible subject matter, under 35 U.S.C. §101. The "business method" in question was a method of hedging risks in commodity trading. The business method claims failed the Bilski test because the claimed subject matter was neither tied to a particular machine nor did it transform anything to a different state or thing.
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