Fed. Circ.'s Mayo Interpretation Spot On, Clinic Says

Law360 (May 8, 2019, 8:08 PM EDT) -- The Federal Circuit interpreted the U.S. Supreme Court’s Mayo decision perfectly when nixing an autoimmune disease diagnostic test patent and that decision should stand, the Mayo Clinic has said.

Mayo on Tuesday urged the Federal Circuit not to rehear the 2-1 decision invalidating the patent, claiming it falls “faithfully” inline with the test the justices laid out in Mayo v. Prometheus. The hospital at the center of both the landmark and instant cases said Athena Diagnostics Inc.’s patent covers a natural law without adding any steps to make it inventive, proving it isn’t eligible for patent protection.

“The claims do not...

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Case Title

Subscribers Only

Case Number

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Court

Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

September 5, 2017

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