Fed. Circ. Pleads For Patent Eligibility Clarity: What Now?

Law360 (July 10, 2019, 9:13 PM EDT) -- In a 7-5 decision, the Federal Circuit declined last week to sit en banc to address the contentious issue of patent eligibility, yet the judges all called for Congress or the U.S. Supreme Court to clarify the law. Here's what could happen following the court's unusual plea for help.

All 12 judges on the Federal Circuit appeared to agree that an Athena Diagnostics test for an autoimmune disease should be patent-eligible, but they were deeply divided on whether it actually is under high court precedent. The majority said they felt legally bound to rule the test was invalid for claiming an...

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