Brinckerhoff Quoted on Prometheus v Mayo

30 June 2010 Managing Intellectual Property News
Foley Partner Courtenay Brinckerhoff was quoted in an article that appeared in the June 30, 2010 issue of Managing Intellectual Property titled "Federal Circuit to re-hear biotech cases post-Bilski." Brinckerhoff discusses the Supreme Court’s decision to grant certiorari, and then vacate and remand biotech patent case Prometheus v Mayo in light of the decision issued in Bilski v. Kappos. She states that the contested patents in Prometheus should survive since the Federal Circuit has already found that they meet the machine-or-transformation test, but notes that the Bilski decision includes some troubling points for biotech and pharmaceutical patents. She adds that assessing whether a particular patent might promote or impede innovation as a way of determining patent eligibility could be a slippery slope.