The U.S. Supreme Court could decide to revisit what sort of subject matter is eligible for patent protection. The high court will hold a conference to consider hundreds of petitions urging cases to hear appeals. Intellectual Property attorney Anthony Fuga provides his prediction on what case, if any, will receive a second chance during this vetting process.
"If one of these cases is taken I would expect it to be Athena," said Mr. Fuga.
Athena en banc originally held a Circuit decision that invalidated a patent on a method of diagnosing a neurological disorder. The Federal Circuit voted not to review a panel decision in Athena en banc, but over the course of eight separate decisions spanning 86 pages several judges called for Congress or the Supreme Court to clarify Section 101's bounds.
READ: Preview: SCOTUS Expected to Delve Back Into Patent-Eligibility Debate (Subscription required)
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