An amicus brief filed by Juhasz Burge PC with the U.S. Supreme Court in Mayo Collaborative Services v. Prometheus Laboratories, Inc. last Tuesday, November 1, argues that 35 U.S.C. §101 subject matter patentability should hinge on the “physical link” and “virtual link” framework proffered by Juhasz Burge PC in the wake of last year’s Supreme Court’s Bilski decision.
Juhasz Burge PC cites U.S. Supreme Court precedent in Diehr for the “physical links” assertion and the century-old Morse decision for its “virtual links” contention. The firm argues in its 35-page brief that the way out of the Bilski conundrum may be found by determining whether a step central to the Prometheus claim has either a “physical” or a “virtual” link to a specific physical or tangible object.
Juhasz Burge PC argues in the Supreme Court brief that the Prometheus claims contain both a “physical” and also a “virtual” link and thus should be found “subject matter patentable under 35 U.S.C. §101.”
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The U.S. Supreme Court is scheduled to hear oral arguments on December 7, 2011 in this highly anticipated decision that may significantly affect approaches to diagnostic methods including methods critical to the development of personalized medicine. For a copy of the Juhasz Burge PC amicus filing with the U.S. Supreme Court go to Publications Page.