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...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

September 5, 2017

Law Firms

Government Agencies