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Supreme Court of the United States › Diagnostic Tests

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Bradley Arant Boult Cummings LLP

Patenting COVID-19 Tests: Avoiding the Common Pitfalls

Bradley Arant Boult Cummings LLP on

The impact on human health of the global pandemic of the SARS-CoV-2 virus and the resulting disease termed COVID-19 cannot be overstated. Not since the influenza pandemic of 1918 have so many regions of the world been so...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Won’t Take Up Patent Eligibility for Medical Diagnostics

Kramer Levin Naftalis & Frankel LLP on

The cloud of uncertainty over patent eligibility of patents for medical diagnostic methods remains. On Monday, the Supreme Court declined the opportunity to revisit patent eligibility under its two-step Mayo test when it...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Denies Sequenom’s Cert Petition, Leaving the Federal Circuit’s Interpretation of the Mayo/Alice Patent Eligibility...

Patterson Belknap Webb & Tyler LLP on

The Supreme Court today denied Sequenom Inc.’s petition for writ of certiorari, in which Sequenom asked the Court to review a decision of the Federal Circuit invalidating its patent on a breakthrough prenatal diagnostic...more

Saul Ewing Arnstein & Lehr LLP

Federal Circuit Expresses Concern About Patent Eligibility Under Mayo

Saul Ewing Arnstein & Lehr LLP on

The “prognosis” for patentability of medical diagnostic claims remains uncertain after an order of the Federal Circuit Court of Appeals (“Court”) denying a petition for an en banc rehearing of its decision in Ariosa...more

Foley & Lardner LLP

Three Pressing Challenges for Personalized Medicine

Foley & Lardner LLP on

Personalized medicine can be described as the science of targeted therapies. Advances in diagnostic and molecular medicine have made it possible to more precisely identify alternative treatment options for patients based on...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTO Releases Report on Confirmatory Genetic Diagnostic Testing

McDonnell Boehnen Hulbert & Berghoff LLP on

More than three years after the June 15, 2012 deadline for providing it, the U.S. Patent and Trademark Office has issued its report on so-called "second opinion" genetic diagnostic testing, mandated by Section 27 of the...more

Foley & Lardner LLP

Protecting Diagnostic Innovation – Two Actor Infringement Liability

Foley & Lardner LLP on

In Akamai Techs. Inc. v. Limelight Networks, Inc., (August 13, 2015 Fed. Cir.) an en banc Federal Circuit unanimously held that direct infringement under Section 271(a) can occur...more

Goodwin

Federal Circuit Holds Medical Diagnostic Method Patent Invalid as Claiming Ineligible Subject Matter

Goodwin on

Background - In two recent cases, Mayo v. Prometheus and Alice v. CLS Bank, the Supreme Court established a two-part test for determining eligibility for patenting. In step one, the court asks whether the claim is...more

Foley & Lardner LLP

Supreme Court Asked for Further Clarity on Patent-Eligibility of Diagnostic Claims

Foley & Lardner LLP on

Did the Federal Circuit incorrectly interpret and apply the holding of the U.S. Supreme Court’s decision regarding patent-eligibility of medical methods as set forth in Mayo Collaborative Services v. Prometheus Laboratories,...more

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