Since everyone is different in general, it makes little sense that people usually are all given "standard doses" of various medicines. Ideally one would like to be able to tailor doses to the specific needs of the patient. Thats what this patent covers.
The patent covers "A method of determining a dose of G-CSF to be administered to a patient before or after a myelosuppressive agent is to be administered to the patient, comprising: (a) measuring a level of G-CSF in a sample from the patient; (b) comparing the level of G-CSF measured in the sample to levels of G-CSF in normal subjects; (c) determining the dose of G-CSF to be administered to the patient based on the comparison of G-CSF levels; and (d) administering the dose of G-CSF to the patient."
Essentially it is a method of identifying the ideal dose to give a patient. Kinda reminds me of the Labcorp v Metabolites case.
View this patent on the USPTO website.
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jonnyboy said...
Wow, a method of determining how much cytokine to give...this seems pretty intuitive or "obvious". It would be interesting to peek at the prosecution history and to see what arguements were made to overcome the 35 USC 103....this reminds me of the patent that was recently invalidated in the Classen Immunotherapies v. Biogen IDEC case
the patent, 5,723,283 covers, intra alia:
A method of determining whether an immunization schedule affects the incidence or severity of a chronic immune-mediated disorder in a treatment group of mammals, relative to a control group of mammals, which comprises: immunizing mammals in the treatment group of mammals with one or more doses of one or more immunogens, according to said immunization schedule, and comparing the incidence, prevalence, frequency or severity of said chronic immune-mediated disorder or the level of a marker of such a disorder, in the treatment group, with that in the control group.
it kinda smells similar to the one that is being discussed above...