Tag Archives: Mayo

Federal Circuit Denies En Banc Review of Athena v. Mayo

On July 3rd, the Fed. Cir. denied Athena’s petition for rehearing en banc. The three-page order is a 7/5 denial accompanied by more than 80 pages of concurrences and dissents. Concurring in various combinations are Judges Lourie, Hughes, Dyk, Reyna, … Continue reading

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Athena’s Petition for Rehearing En Banc – Not All Diagnostic Claims are Equal Under s. 101

In my last post on s. 101, discussing “Cleveland Clinic II” I asked, “Why can’t a diagnostic conclusion be a practical application of a natural law?” and rhetorically answered: “Because the Federal Circuit says it can’t.” In Cleveland Clinic I … 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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Split Federal Circuit Panel Holds That Method of Medical Treatment Claims are Patent Eligible

In Natural Alternatives Int’l., Inc. v. Creative Compounds, LLC, Appeal No. 2018-1295 (Fed. Cir., March 15, 2019) a divided panel of the Fed. Cir. held that claims to methods of increasing the anaerobic working capacity in a human subject by … Continue reading

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