Athena Diagnostics today filed its reply brief to Mayo Collaborative Services at the Supreme Court in the closely-watched petition asking the High Court to clarify U.S. patent eligibility law. The reply reiterates the points made in Athena’s petition for certiorari and dismisses Mayo’s argument in November that “any further action regarding the patentability of medical diagnostic claims such as Athena’s that employ conventional, known techniques should and does rest with Congress.” The reply comes three days after the United States Solicitor General recommended that SCOTUS grant cert in Athena or “another such case”, rather than in Hikma Pharmaceuticals v. Vanda Pharmaceuticals.
Litigation
- Patent Litigation Financing: Fighting Efficient Infringement with Funding
- ‘Reasonable Efforts’ Require Care and Consistency
- CAFC Sends Centripetal Back to Drawing Board in Case with Cisco Due to Judge’s Stock
- Note to Senators: U.S. Patent Office Remains Under a Permanent Injunction
- ‘Sacrifices’: PTAB Reform Act Would Limit Fintiv Denials
Recent Posts
- Patent Litigation Financing: Fighting Efficient Infringement with Funding
- USPTO Report Underscores Split on State of U.S. Patent Eligibility Jurisprudence
- ‘Reasonable Efforts’ Require Care and Consistency
- CAFC Sends Centripetal Back to Drawing Board in Case with Cisco Due to Judge’s Stock
- Other Barks & Bites for Friday, June 24: Congressional Hearings Focus on PTAB Reforms, French Regulators Accept Google’s Copyright Payment Framework, and DOJ Announces Settlement with Meta Over Biased Ad Algorithm