Is this method claim patent-able per Mayo v. Prometheus?

Started by memekit, 04-20-18 at 03:21 AM

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memekit

I scalped down the claim to the essentials...I think it sounds like a Mayo "violation"; is it? 

A method for treating excess X diseases, the method comprising:
i   administering a therapeutically effective amount of ATY to achieve about a 11ug/ml serum concentration; which also preserves Y, thereby reducing X, and
ii  measuring a percentage of inhibition of Y in the presence of a ATY.


Mayo:  "Justice Breyer explained that this claim sets forth a law of nature "namely, relationships between concentrations of certain metabolites in the blood and the likelihood that a dosage of a thiopurine drug will provide ineffective or cause harm.""

bartmans

In light of the recent decision in Vanda vs West-Ward (Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Limited, Nos. 2016-2707, 2016‑2708 (Fed. Cir. Apr. 13, 2018) such claims relating to a method of treatment would be patentable.

memekit

Thank-you
Vanda=genotype, then dose (patent-able)
Mayo=dose, test levels, adjust (not patent-able, laws of nature)
Example=administer, prove Y is preserved

It sounds kind of like the example is another law of nature, because what's the point of proving Y is preserved, it's just an observation...???

Toot Aps Esroh

"Mayo=dose, test levels, adjust (not patent-able, laws of nature)"

Note the claim in Mayo did not even require so much as that.  Dose, test level.  The remaining "wherein" clause requires no action, basically just says "hey, think about what these results indicate".

I wonder if the claim had gone on to actually require the actor to increase or reduce the dosage, if this would have saved it.

But in any event, Vanda is currently* good law.

*Maybe temporarily, if West-Ward further appeals and the SCt takes it up.  I suspect the same Court that decided Mayo would readily reverse the Federal Circuit on Vanda.
I got nothing to say here.  Y'alls all already know all this.


Le tigre n'a pas mangé la pellicule de plastique.



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