Tuesday, November 1, 2005

ASK A STUPID QUESTION, GET ...: Sometimes the questions answer themselves. Betting has been suspended on the outcome of Laboratory Corp. of America Holdings v. Metabolite Laboratories, Inc., after the Supreme Court framed the issue as to which it granted cert as follows (italics mine):
Whether a method patent setting forth an indefinite, undescribed, and non-enabling step directing a party simply to ‘correlat[e]’ test results can validly claim a monopoly over a basic scientific relationship used in medical treatment such that any doctor necessarily infringes the patent merely by thinking about the relationship after looking at a test result.
As a colleague mused -- perhaps infringing a cogitation patent or two in the process -- "I'm going to guess that the patentee will try to reframe that issue statement in briefing."

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