Mayo Collaborative Services has filed its brief in opposition to Athena Diagnostics’ petition to the Supreme Court in early October asking the justices to weigh in on whether its patent claims for a method of making a medical diagnosis are patent eligible under Section 101. Eleven amici have weighed in on the case, and the patent community is waiting to see if the High Court will grant the petition and help to solve the Section 101 problem, which has been particularly problematic for the field of medical diagnostics. Mayo states its argument quite simply in the opening sentence of its brief, relying on the Court’s 2012 precedent in Mayo v. Prometheus: “Patent claims directed to a natural law that employ only conventional and routine activities to detect that law are not patent eligible. Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66, 73 (2012). That rule disposes of this case, as the district court, appellate panel, and en banc Federal Circuit each concluded.”
Recent Posts
- Other Barks & Bites for Friday, April 11: CAFC Denies Transfer of EDTX Patent Case; Texas Leads Entire U.S. in IP Exports; and Google Declines to Respond to Cellspin Soft Cert Petition
- Federal Circuit Issues Precedential Order Denying Mandamus Relief for SAP, Despite District Court Errors
- CAFC Affirms Dismissal of Opposition to iVoters Marks But Hints USPTO Should Reconsider Registration
- Why Creativity and Ownership Are Crucial to Innovation | IPWatchdog Unleashed
- Can Judge Hughes Course Correct the CAFC on Prosecution Laches?