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ARTICLE · 09 DECEMBER 2014

Another Patent Challenge For Personalized Medicine

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The U.S. Supreme Court’s recent trilogy of patent-eligibility decisions have called into question the validity of many U.S. patents on diagnostic medical methods.

United StatesIntellectual Property
Antoinette Konski
Antoinette Konski
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The U.S. Supreme Court's recent trilogy of patent-eligibility decisions (Prometheus, Myriad and Alice) have called into question the validity of many U.S. patents on diagnostic medical methods. Nevertheless, legal battles ensue and to the benefit of the public, as further jurisprudence will bring more clarity to whether and how diagnostic technologies – critical to personalized medicine – can be patented in the United States.

Health Diagnostic Laboratory, Inc. ("HDL") will be adding to this jurisprudence. The company recently alleged that Boston Heart Diagnostic Corp. ("Boston Heart") is infringing U.S. Patent No. 8,119,358 (the ' 358 Patent) entitled "Diabetes-related Biomarkers and Methods of Use Thereof."

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