Athena Diagnostics has filed its petition for certiorari with the Supreme Court of the United States. This comes after the Federal Circuit denied en banc rehearing in Athena Diagnostics v Mayo Collaborative Services (“Athena”). The Federal Circuit in Athena remained divided on how to apply §101 jurisprudence under Mayo Collaborative Services v. Prometheus Laboratories, Inc. The petition presents a much needed chance for the SCOTUS to clarify the laws around §101. Read more here.
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