There's no doubt where the writer of the IN VIVO blog stand on the wisdom of the Supreme Court's ruling against the Prometheus' patent. The logical extension of the ruling (according to the writer) would be the denial of patent rights to a myriad (get it) of personalized diagnostic tests.
Not only would the analysis of small differences in gene sequences (as embodied by the Myriad case) potentially be covered by this ruling, but any tests that attempt to figure out why certain individuals respond better to one drug over another and how much drug should be administered should be covered. At least, if the logic exhibited in Prometheus were extended to other cases.
But then again, who ever accused the Supreme Court or most of the legal system to actually be bound by logic? Until another case comes along that will allow a reversal, I guess we're left with hanging chad in the biotech industry.
Posted by Bruce Lehr Mar 26th 2012.