Athena Diagnostics, Inc. v. Mayo Collaborative Services d/b/a Mayo Medical Laboratories et al, 1-15-cv-40075 (MAD August 4, 2017, Order) (Talwani, USDJ)
Tuesday, August 8, 2017
Patent for Diagnosing Neurotransmission Disorder Invalid Under 35 U.S.C. § 101
The court granted defendant's renewed motion to dismiss because the asserted claims of plaintiffs' neurotransmission disorder diagnosis patent encompassed unpatentable subject matter and found that the claims were directed toward a law of nature. "Contrary to Plaintiffs' argument, the [patent] is not a composition patent directed at the creation of the [laboratory-created molecule]. Rather, the patent is directed at a method for the diagnosis of a disease. Although the patented method uses man-made [laboratory-created molecules], the use of a man-made complex does not transform the subject matter of the patent. The focus of the claims of the invention is the interaction of the [laboratory-created molecule] and the bodily fluid, an interaction which is naturally occurring. . . . Counter to Plaintiffs' argument, because the patent focuses on this natural occurrence, it is directed to a patent-ineligible concept."