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Analysis: the Prometheus hypotheticals

Eileen McDermott, New York

During the oral argument in Mayo v Prometheus on Wednesday, the justices asked a series of hypothetical questions in an attempt to illustrate the complexities of each side’s proposed view of the proper test for patent eligibility

Some observers said that the examples used during yesterday’s arguments demonstrate a lack of real world understanding about how patents are used.

“None of the analogies were helpful because of the lack of clarity in the justices’ minds as...

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