BIO Files Amicus Brief in Support of Rehearing Case Addressing Patent-Eligibility of Diagnostic Technology (U.S. Court of Appeals for the Federal Circuit)

April 22, 2019

BIO filed an amicus brief in support of a petition to rehear Athena Diagnostics Inc., et al. v. Mayo Collaborative Services, LLC, a case addressing patent-eligibility of diagnostic technology, at the U.S. Court of Appeals for the Federal Circuit.

BIO was joined by CropLife International, Pharmaceutical Research and Manufacturers of America (PhRMA), and Wisconsin Alumni Research Foundation (WARF).

BIO et al. expressed concern that more than seven years after the Supreme Court decided Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. 66 (2012), there continues to be uncertainty about the patent eligibility of many biotechnological inventions, particularly diagnostic and prognostic methods. This uncertainty affects modern biotechnologies ranging from biomarker-assisted methods of drug treatment to companion diagnostic tests, fermentation products, industrial enzyme technology, and marker-assisted methods of plant breeding. BIO et al. hope to assist the court in the orderly development of law in this important area. 

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