Advisory News Hubb
Advertisement Banner
  • Home
  • Laws & Ethics
  • Financial Advisory
  • Contact
No Result
View All Result
  • Home
  • Laws & Ethics
  • Financial Advisory
  • Contact
No Result
View All Result
Gourmet News Hubb
No Result
View All Result
Home Laws & Ethics

Certiorari Denied in Eligibility Cases

admin by admin
May 16, 2023
in Laws & Ethics


by Dennis Crouch

In spite of robust amicus backing, including from the US Solicitor General, the Supreme Court has declined to review two pending patent-eligibility petitions: Interactive Wearables v. Polar and Tropp v. Travel Sentry. These cases contended that the Alice/Mayo framework produced (1) instability and unpredictability in the law; (2) facilitated non-evidence based judgments by district courts; and (3) prohibited patenting of subject matter that has traditionally been eligible for patents.

In my perspective, these cases wouldn’t have led to pro-patentee opinions from the Supreme Court as the inventions involved were not firmly rooted in technology. Rather, the court would likely have regarded the appellate cases as correctly denying eligibility.

The case of utmost importance still awaiting judgment, in my opinion, is CareDx Inc. v. Natera, Inc. CareDx is centered around the eligibility of an important diagnostic method for early detection of transplant organ failure. In this instance, the patent holder (Stanford University) solved a significant, longstanding problem that others had been unable to resolve. However, the lower courts determined that the patent claims were improperly directed towards a law of nature. Another petition pending before the Court is the eligibility appeal in Avery Dennison Corp. v. ADASA Inc. In the Avery Dennison case, the patent for RFID unique-ID encoding was deemed eligible and therefore valid on debatable grounds. The patent challenger has petitioned the Supreme Court, arguing that the lower courts are unduly narrowing their eligibility assessment.

A further petition, Killian v. Vidal, was reportedly filed in April but has yet to appear on the Supreme Court docket. Killian’s patent application proposes a computerized algorithm for detecting “overlooked eligibility for social security disability insurance.” The petition contends that the uncertainty created by the courts, along with the non-statutory eligibility exceptions, amount to violations of the Administrative Procedure Act (APA) and Due Process. Furthermore, the petition asserts that these judge-made exceptions “overstep the constitutional authority of the courts.” This petition has a minimal likelihood of being granted.

= = = =

The court also denied certiorari in the skinny-label FDA-Patent case of Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline LLC.



Source link

Previous Post

FTC Sues to Block Amgen’s Acquisition of Horizon Therapeutics

Next Post

Investing For Nonimmigrant Visa Holders: Understanding Visa Types, Investment Challenges, And Tax Implications

Next Post

Investing For Nonimmigrant Visa Holders: Understanding Visa Types, Investment Challenges, And Tax Implications

Recommended

The Patent Cup 2022 | Patently-O

7 months ago

A Personal Branding Strategy You Can Use As a Financial Advisor

8 months ago

The Latest In Financial #AdvisorTech (May 2023)

1 month ago

Personal Finance Guide for Military Service Members and Families

4 months ago

Best Options Trading Platforms 2022

8 months ago

How to Automate Your Investing

1 month ago
Advisory-(-White-)

© Advisory News Hubb All rights reserved.

Use of these names, logos, and brands does not imply endorsement unless specified. By using this site, you agree to the Privacy Policy and Terms & Conditions.

Navigate Site

  • Home
  • Laws & Ethics
  • Financial Advisory
  • Contact

Newsletter Sign Up.

No Result
View All Result
  • Home
  • Laws & Ethics
  • Financial Advisory
  • Contact

© 2022 Advisory News Hubb All rights reserved.