As Reeves alluded to in his post about the Mayo personalized medicine case, the Supreme Court just vacated the lower court’s ruling in Association for Molecular Pathology v. Myriad Genetics (No. 11-725). The case has been sent back down to the Federal Circuit for reconsideration in light of the Court’s decision in Mayo. This means that the Supreme Court thought the two cases were sufficiently similar that the lower courts should take another look using the new direction from Mayo.
This is a guest post by Reeves Anderson, an associate at Arnold and Porter LLP. Reeves Anderson is a member of the Appellate and Supreme Court practice group at Arnold & Porter LLP in Washington, D.C. The views expressed herein are those of the author alone and not of Arnold & Porter LLP or any of the firm’s clients. Stay tuned for follow-up posts by the Simply Statistics crowd on the implications of this ruling for statistics in general and personalized medicine in particular.
Just a few minutes ago the Supreme Court released their decision in the Mayo case, see here for the Simply Statistics summary of the case. The court ruled unanimously that the personalized medicine test could not be patented. Such a strong ruling likely has major implications going forward for the field of personalized medicine. At the end of the day, this decision was based on an interpretation of statistical correlation. Stay tuned for a special in-depth analysis in the next couple of days that will get into the details of the ruling and the implications for personalized medicine.
Summary/Background The Supreme Court heard oral arguments last week in the case Mayo Collaborative Services vs. Prometheus Laboratories (No 10-1150). At issue is a patent Prometheus Laboratories holds for making decisions about the treatment of disease on the basis of a measurement of a specific, naturally occurring molecule and a corresponding calculation. The specific language at issue is a little technical, but the key claim from the patent under dispute is: