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A set of ideas and observations from a week’s worth of work analyzing businesses and technologies.
Diagnostics and IP
How strong of technical moats do diagnostic companies really have? Two court cases, Mayo v. Prometheus Laboratories (2012, Supreme Court) — https://en.wikipedia.org/wiki/Mayo_Collaborative_Services_v._Prometheus_Laboratories,_Inc. and Vanda Pharmaceuticals v. Ward Pharmaceuticals (2018 Federal Appeals Court) — https://www.patentdocs.org/2018/07/uspto-issues-memorandum-on-vanda-pharmaceuticals-v-west-ward-pharmaceuticals.html are two major legal decisions that influence that moat.
In 2012, the US Supreme Court ruled that optimizing the dose of a drug based on the metabolites of that drug were being directed by a law of nature and were patent-ineligible. In 2018, the US Court of Appeals for the Federal Circuit ruled in a case where the dose of a drug (iloperidone for schizophrenia in the case) was determined by the patient’s genotype…
