U.S. Supreme Court agrees to look at patents of diagnostic tests

Monopolistic pricing power for makers of diagnostic tests has long been the concern of healthcare providers, and legal challenges have nipped at the heels of patent owners. In probably the largest profile case, the U.S. Court of Appeals for the Federal Circuit (CAFC) will issue its opinion on the Myriad dispute later this summer (Myriad is the owner of patent for genetic tests for breast and ovarian cancer).

Now the U.S. Supreme Court has agreed to hear Mayo Clinic’s appeal of CAFC’s (twice) upholding of the validity of two patents from Prometheus Laboratories Inc. for a test that determines optimal drug dosages to treat Crohn's disease and other autoimmune diseases.