Athena Asks Fed. Circ. To Rethink 'Evisceration' Of Patent Law
Law360 (April 8, 2019, 10:35 PM EDT) -- Athena Diagnostics on Monday asked the full Federal Circuit to reconsider a February ruling by a split, three-judge panel that said its patent on an autoimmune disease diagnostic test is invalid under Supreme Court precedent because it claims only a natural law.
Medical company Athena Diagnostics Inc. called the panel's majority opinion "precisely … the 'evisceration' of patent law against which the Supreme Court has long warned" because its precedent would it make it harder for inventors to get intellectual property protections for new and non-obvious ways of detecting disease.
The panel decision "unjustifiably expands the exception to diagnostic method claims...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!