Diagnostic Testing in the Wake of Bilski v. Kappos
- Michelle K. Holoubek and Eric K. Steffe
It has long been anticipated that the Bilski v. Kappos decision, though based on business method claims, would have implications that reached far beyond the business method world. Indeed, Justice Kennedy acknowledged that the M-or-T test would create uncertainty for new technologies of the Information Age, including, among other types of technologies, diagnostic medical testing techniques. (Bilski, Slip Op., p. 9.) The removal of the machine-or-transformation test as the sole test is good news for the biotech industry, particularly in the field of personalized medicine.
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