Analysis

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...

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!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!