Supreme Court Won’t Take Up Patent Eligibility for Medical Diagnostics
Bio Law Blog
JANUARY 13, 2020
The cloud of uncertainty over patent eligibility of patents for medical diagnostic methods remains. On Monday, the Supreme Court declined the opportunity to revisit patent eligibility under its two-step Mayo test when it denied certiorari in Athena Diagnostics v. Mayo Collaborative Services — a case in which the en banc Federal Circuit panel split 7 to 5 on whether medical diagnostic inventions, such as the one at issue in Athena , are patent eligible under Mayo.
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