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“A penny for your thoughts” might get a little more expensive
Yesterday, the Supreme Court heard arguments in LabCorp v. Metabolite regarding the scope of what is patentable subject matter. This case is troubling in that one of the parties has patented a fact (as paraphrased by Michael Chrichton, that “elevated homocysteine is linked to B-12 deficiency, so doctors should test homocysteine levels to see whether the patient needs vitamins”) and wants a royalty from anyone who uses the fact, makes the fact public, or even thinks about the fact.
This is actually a troublesome and fascinating case which we’ll devote more attention too once the Supreme Court issues its ruling. But in the meantime, be careful what you think about, because you may owe a licensing fee!
