Supreme Court Notebook

Court says state can't be sued over sick leave WASHINGTON (AP) -- The Supreme Court says a state can't be sued under the Family and Medical Leave Act for refusing to give an employee time off to recover from an illness. The high court on Tuesday refused to let Daniel Coleman sue the Maryland state Court of Appeals for firing him after he asked for sick leave. Coleman asked for leave in 2007 to recover from an illness. His request was denied and he was fired. He sued under the Family and Medical Leave Act, but his lawsuit was thrown out, with the 4th U.S. Circuit Court of Appeals saying states could not be sued under the FMLA. The high court agreed. But four justices dissented, including Ruth Bader Ginsburg, who in an unusual move read her dissent aloud in court. Court throws out Prometheus patent WASHINGTON (AP) -- The Supreme Court has tossed out a medical patent for Prometheus Laboratories, a decision that could affect the burgeoning field of personalized medicine. The justices on Tuesday unanimously agreed that the patent held by the company -- owned by Switzerland-based Nestle -- was invalid. The patent covers a blood test that helps doctors determine the proper dosage for a drug, thiopurine, to treat autoimmune illnesses. The Minnesota-based Mayo Clinic had challenged the patent, which is keeping them from marketing its own test. Courts have been fighting over whether the Prometheus test had patented a natural phenomenon, which cannot be patented. The high court in an opinion written by Justice Stephen Breyer said the Prometheus blood test used "unpatentable" natural laws. Published: Wed, Mar 21, 2012