Athena Diagnostics, Inc. v. Mayo Collaborative Services

  1. July 10, 2019

    Fed. Circ. Pleads For Patent Eligibility Clarity: What Now?

    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.

  2. July 03, 2019

    Fractured Full Fed. Circ. Won't Eye Patent Eligibility Rules

    The full Federal Circuit declined Wednesday to review a decision invalidating an Athena Diagnostics patent for claiming a natural law, with the judges all agreeing the invention should be patent eligible, but deeply divided over whether it is under U.S. Supreme Court precedent.

  3. May 08, 2019

    Fed. Circ.'s Mayo Interpretation Spot On, Clinic Says

    The Federal Circuit interpreted the U.S. Supreme Court's Mayo decision perfectly when nixing an autoimmune disease diagnostic test patent and that decision should stand, the Mayo Clinic has said.

  4. April 23, 2019

    Drug Lobby Says Athena Ruling May Zap Biotech Funding

    Biotech and pharmaceutical industry groups urged the full Federal Circuit on Monday to rethink a February ruling that nixed Athena Diagnostics' patent on an autoimmune disease testing method, saying the ruling threatens U.S. leadership in the diagnostic industry and other biotech sectors.

  5. April 08, 2019

    Athena Asks Fed. Circ. To Rethink 'Evisceration' Of Patent Law

    Athena Diagnostics on Monday asked the full Federal Circuit to reconsider a February ruling by a split, three-judge panel that said its patent on an autoimmune disease diagnostic test is invalid under Supreme Court precedent because it claims only a natural law.

  6. February 12, 2019

    3 Takeaways From The Latest Ax Of A Diagnostic Patent

    The Federal Circuit's latest invalidation of a medical diagnostic test patent for claiming a natural law could motivate lawmakers pursuing legislation to curb such decisions, and also provides guidance on how patentees can avoid a similar fate. Here are some lessons from the decision.

  7. February 06, 2019

    Fed. Circ. Axes Athena Diagnostic Test Patent As Natural Law

    A split Federal Circuit panel ruled Wednesday that an Athena Diagnostics Inc. patent asserted against the Mayo Clinic on a test for diagnosing an autoimmune disease is invalid for claiming only a natural law, though the court noted its hands were tied by U.S. Supreme Court precedent.

  8. October 04, 2018

    Athena Asks Fed. Circ. To Revive Nixed Biotech Patent

    Athena Diagnostics and Oxford University Innovation Ltd. on Thursday asked a Federal Circuit panel to revive their patent for a test that diagnoses an autoimmune disease based on the presence of certain antibodies, saying a lower court erred in finding the patent covered an ineligible law of nature.