The Machine-Or-Transformation Test Reaffirmed As Useful And Important

In Prometheus v. Mayo Collaborative (2008-1403, Fed. Cir., Dec. 17, 2010)("Prometheus II"), the Federal Circuit has, on remand from the Supreme Court, again found Prometheus' claims directed to methods of treating the human body with medication to be patent-eligible subject matter. In August, the Federal Circuit noted that the Supreme Court had rejected the exclusive nature of the Machine-or-Transformation test, but not the wisdom behind it. King Pharms. v. Eon Labs, 616 F.3d 1267 (Fed. Cir., Aug. 2, 2010)(citing Bilski v. Kappos, 130 S. Ct. 3218 (U.S. 2010)("Bilski II")). Referencing its earlier decision in Prometheus v. Mayo Collaborative, 581 F.3d 1336 (Fed. Cir. 2009)("Prometheus I"), vacated and remanded, 130 S. Ct. 3543 (2010), the Federal Circuit noted in King Pharmaceuticals that "methods of treatment 'are always transformative when a defined group of drugs is administered to the body to ameliorate the effects of an undesired condition,' because such methods