Tag Archives: Athena v. Mayo

Is the Patent Eligibility Act a Panacea for Claims to Diagnostics?

On January 23, the Subcommittee on Intellectual Property held a hearing in which the members of the committee heard testimony about the Patent Eligibility Restoration Act (PERA) introduced by Senators Coons and Tillis. I have considered case law directed to … Continue reading

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Supreme Court Denies Cert. in Vanda, Berkheimer and Athena

This morning, the Supreme Court denied the petitions for cert. filed in the Vanda, Berkheimer and Athena appeals. While the Court had requested and received amici briefs from the Solicitor General that opined that the Court should not grant cert. … Continue reading

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Endo v. Teva – Correlation Diagnostic Plus Treatment is Patent Eligible under s. 101

In Endo v. Teva, Appeal 2017-1240 (Fed. Cir., March 19, 2019), a Fed. Cir. panel of Judges Stoll, Wallach and Clevenger unanimously found patent-eligible claims to a method of treating pain with oxymorphone, based on the inventor’s discovery that there … Continue reading

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