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Athena Diagnostics Inc. v. Mayo Collaborative Services, LLC

Certiorari Denied

Petition for certiorari denied on January 13, 2020.

Docket No.19-430
Op. BelowFed. Cir.

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.

Proceedings & orders timeline

Oct 1, 2019
Petition for a writ of certiorari filed. (Response due November 1, 2019)
Oct 3, 2019
Blanket Consent filed by Petitioners, Athena Diagnostics, Inc., et al.
Oct 14, 2019
Motion to extend the time to file a response from November 1, 2019 to November 22, 2019, submitted to The Clerk.
Oct 16, 2019
Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2019.
Oct 18, 2019
Brief amicus curiae of New York Intellectual Property Law Association filed.
Oct 29, 2019
Brief amici curiae of Professors Jeffrey A. Lefstin and Peter S. Menell filed.
Oct 31, 2019
Brief amicus curiae of Intellectual Property Law Association of Chicago filed.
Oct 31, 2019
Brief amicus curiae of The Chartered Institute of Patent Attorneys filed.
Oct 31, 2019
Brief amicus curiae of Biotechnology Innovation Organization filed.
Nov 1, 2019
Brief amici curiae of Freenome Holdings, Inc. and New Cures For Cancers, Inc. filed.
Nov 1, 2019
Brief amicus curiae of Blaine Laboratories, Inc., in support on neither party filed.
Nov 1, 2019
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Nov 1, 2019
Brief amici curiae of The Chicago Patent Attorneys filed.
Nov 1, 2019
Brief amicus curiae of Intellectual Property Owners Association filed.
Nov 1, 2019
Amicus brief of Honorable Paul R. Michel (ret.) not accepted for filing. (November 07, 2019 -- Corrected version to be submitted)
Nov 1, 2019
Brief amicus curiae of Honorable Paul R. Michel (ret.) filed. (11/7/2019)
Nov 22, 2019
Brief of respondents Mayo Collaborative Services, LLC, et al. in opposition filed.
Dec 9, 2019
Reply of petitioners Athena Diagnostics, Inc., et al. filed.
Dec 11, 2019
DISTRIBUTED for Conference of 1/10/2020.
Jan 13, 2020
Petition DENIED.

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