Patented Thoughts

• The Earth revolves around the Sun.

• The speed of blithesome is a constant.

• Apples fall to earth because of gravity.

• magisterial blood sugar is linked to diabetes.

• Elevated uric acid is linked to gout.

• Elevated homocysteine is linked to union disease.

• Elevated homocysteine is linked to B-12 lack, so doctors should testify homocysteine levels to trance whether the patient needs vitamins.

ACTUALLY, I cant make that last statement. A corporation has patented that fact, and demands a royal line for its use. Anyone who makes the fact usual and encourages doctors to test for the condition and treat it can be sued for royalty fees. Any doctor who reads a patients test results and even thinks of vitamin deficiency infringes the patent. A federal circuit court held that mere view violates the patent.

All this may sound absurd, but it is the heart of a case that will be argued before the Supreme judicial system on Tuesday. In 1986 researchers filed a patent application for a method of testing the levels of homocysteine, an amino acid, in the blood. They went one bill further and asked for a patent on the canonical biologic relationship between homocysteine and vitamin deficiency.



A patent was granted that c everywhere both the test and the scientific fact. Eventually, a company called Metabolite took over the license for the patent.

Although Metabolite does not have a monopoly on test methods — other companies make homocysteine tests, too — they assert licensing rights on the coefficient of correlation of elevated homocysteine with vitamin deficiency. A company called LabCorp used a incompatible test but published an article mentioning the patented fact. Metabolite sued on a number of grounds, and has won in court so far.

But what the Supreme Court will focus on is the nature of the claimed correlation. On the one hand, courts have repeatedly held that basic bodily processes and products of nature are not...If you want to get a full essay, order it on our website: Orderessay



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