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. in Vanda (genotyping to identify appropriate amounts of drug to administer and then administering it) and Berkheimer (Is patent eligibility, e.g., “inventive step” a question of law or fact?), because they were correctly decided, the briefs also strongly suggested that the Court should revisit Prometheus v. Mayo and the patent eligibility of diagnostic tests. Of course, this is not the question that the Court asked the SG to opine on, but the patent bar had some hope that Athena might provide a vehicle for the Court to distinguish Mayo.
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This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.