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Athena Diagnostics Inc. v. Mayo Collaborative Services, LLC

Petition for certiorari denied on January 13, 2020

Docket No. Op. Below Argument Opinion Vote Author Term
19-430 Fed. Cir. N/A N/A N/A N/A OT 2019

Issue: Whether a new and specific method of diagnosing a medical condition is patent-eligible subject matter, when the method detects a molecule never previously linked to the condition using novel man-made molecules and a series of specific chemical steps never previously performed.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
10/01/2019Petition for a writ of certiorari filed. (Response due November 1, 2019)
10/03/2019Blanket Consent filed by Petitioners, Athena Diagnostics, Inc., et al.
10/14/2019Motion to extend the time to file a response from November 1, 2019 to November 22, 2019, submitted to The Clerk.
10/16/2019Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2019.
10/18/2019Brief amicus curiae of New York Intellectual Property Law Association filed.
10/29/2019Brief amici curiae of Professors Jeffrey A. Lefstin and Peter S. Menell filed.
10/31/2019Brief amicus curiae of Intellectual Property Law Association of Chicago filed.
10/31/2019Brief amicus curiae of The Chartered Institute of Patent Attorneys filed.
10/31/2019Brief amicus curiae of Biotechnology Innovation Organization filed.
11/01/2019Brief amici curiae of Freenome Holdings, Inc. and New Cures For Cancers, Inc. filed.
11/01/2019Brief amicus curiae of Blaine Laboratories, Inc., in support on neither party filed.
11/01/2019Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
11/01/2019Brief amici curiae of The Chicago Patent Attorneys filed.
11/01/2019Brief amicus curiae of Intellectual Property Owners Association filed.
11/01/2019Amicus brief of Honorable Paul R. Michel (ret.) not accepted for filing. (November 07, 2019 -- Corrected version to be submitted)
11/01/2019Brief amicus curiae of Honorable Paul R. Michel (ret.) filed. (11/7/2019)
11/22/2019Brief of respondents Mayo Collaborative Services, LLC, et al. in opposition filed.
12/09/2019Reply of petitioners Athena Diagnostics, Inc., et al. filed.
12/11/2019DISTRIBUTED for Conference of 1/10/2020.
01/13/2020Petition DENIED.