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Fed. Circ. 'Divided' On Patent Eligibility, Justices Told

Law360 (February 23, 2018, 7:07 PM EST) -- Two recent Federal Circuit decisions show the appeals court is hopelessly divided on fundamental issues relating to patent eligibility, the Cleveland Clinic Foundation told the U.S. Supreme Court, saying its case over patents for cardiovascular disease tests “cries out” for review.

In a Supreme Court brief filed Wednesday, the clinic highlighted a pair of rulings from the Federal Circuit earlier this month, saying the judge was wrong in both cases to invalidate patents for claiming ineligible subject matter because there were factual issues in dispute....
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