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U.S. Court of Appeals for the 9th Circuit

Sep. 18, 2009

Diagnostic Test is Patentable, For Now

A diagnostic test to calibrate the proper dosage level of drugs used to treat gastrointestinal diseases is patentable under current law, a U.S. appeals court ruled Wednesday.

By Craig Anderson
Daily Journal Staff Writer

SAN JOSE - A diagnostic test to calibrate the proper dosage level of drugs used to treat gastrointestinal diseases is patentable under current law, a U.S. appeals court ruled Wednesday.

The case, which pitted patent holders against medical professionals and attracted a number of amicus briefs from industry and academic groups, applies a major 2008 ruling - Bilski - to determine whether methods of...

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