April 7, 2016
Fish Wins US Supreme Court Case
Fish & Richardson won a groundbreaking US Supreme Court case on March 20, 2012 for its client Mayo Clinic in its eight-year patent litigation with Prometheus Laboratories (Mayo Collaborative Services and Mayo Clinic, Rochester v. Prometheus Laboratories, Inc.). The Supreme Court ruled, in a unanimous 9-0 decision by Justice Stephen Breyer, that Prometheus' two broad drug monitoring patents for using thiopurine drugs to treat autoimmune diseases were invalid and not patent eligible.
Prometheus' patents had claimed a monopoly over naturally occurring correlations between metabolites of commonly used drugs and the toxicity or efficacy of those drugs, without specifying any concrete use of this correlation. Mayo argued that the Prometheus patents incorrectly claimed a patent monopoly over the right to simply observe a natural phenomenon, i.e. a physician who even thinks about how a patient's body reacts when certain drugs and dosages are ingested could have infringed the patents.
In the 24-page opinion, Justice Breyer wrote, “We conclude that the patent claims at issue here effectively claim the underlying laws of nature themselves. The claims are consequently invalid.”
Fish has represented Mayo Clinic in its litigation with Prometheus since 2004 when Mayo announced it would begin marketing a competing test. Prometheus sued for patent infringement, preventing Mayo’s test from being sold. The district court first ruled for Mayo when it invalidated the patents, but the US Court of Appeals for the Federal Circuit ruled in Prometheus' favor twice that their method was a "transformation" that could be patented. The US Supreme Court issued Mayo Clinic's petition for certiorari in June 2011 and heard oral argument in December 2011.
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Fish & Richardson Names Joshua A. Griswold as Managing Principal of Dallas Office
December 5, 2016
Juanita Brooks and Jon Singer profiled in National Law Journal's special report "High Stakes, Significant Victories"
July 17, 2017
Fish & Richardson Elects Deanna Reichel as a Principal
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Fish Receives Top Rankings in IP Law360 Surveys
July 14, 2014
Fish & Richardson Sends 33 Students to Space Camp
October 12, 2018
Fish & Richardson Associate Jared Smith Receives Pro Bono Publico Award
February 12, 2009
Corporate and Chancery Year in Review: Top 10 Delaware Corporate Opinions of 2006
January 21, 2015