This morning the Supreme Court denied the petition for certiorari in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, one of the most important patent cases in recent memory. In that case, the petitioner pleaded with the Court to revisit the doctrine of patent eligibility given the uncertainty and incorrect results generated by the Supreme Court’s 2012 decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., particularly in the area of life sciences technologies. Notably, the Court also denied review in two other cases raising issues related to patent eligibility, Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc. and HP Inc. v. Berkheimer. We have the details.
This morning the Federal Circuit granted en banc rehearing in Sunpreme v. United States, a trade case. The en banc court simultaneously issued a new opinion in the case, vacating the panel’s decision and effectively reversing it in relevant part. We have the details.