Clinic Says Patent Eligibility 'Begs' For High Court Help

Law360 (June 4, 2018, 6:33 PM EDT) -- The Cleveland Clinic Foundation on Friday seized on a Federal Circuit judge's recent call for a “higher authority” to clarify what is eligible for a patent, telling the U.S. Supreme Court a current state of confusion begs for intervention.

The clinic, which is fighting a decision that invalidated three patents on cardiovascular disease tests, highlighted comments Circuit Judge Alan Lourie made last week when the appeals court denied separate rehearing requests from HP Inc. and Green Shades Software Inc.

Judge Lourie, who was joined in his opinion by Circuit Judge Pauline Newman, said the law had become confused about what is...

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