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Athena Diagnostics, Inc., et al. v. Mayo Collaborative Services, LLC, dba Mayo Medical Laboratories, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-2508 · judgment February 6, 2019

Certiorari denied · January 13, 2020
Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below, and down for a business respondent.

Question presented

Across eight opinions concurring or dissenting in the denial of rehearing en banc, the Federal Circuit unanimously agreed that the claims to a medical diagnostic method in this case should be patent-eligible. But the court split 7-5 on whether this Court’s precedent foreclosed such a result or whether it was the Federal Circuit’s own misinterpretation of that precedent that has denied patent protection to diagnostic tests. Numerous judges asked this Court to provide guidance. The question presented is: Whether a new and specific method of diagnosing a medical condition is patent-eligible subject matter, where 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. (i)

Counsel of record

For petitioner
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP

For respondent
Jonathan E. Singer
Fish & Richardson, P.C., P.A.

Case

Conference history
Distributed for 1 conference

Amicus briefs
11 cert-stage

Proceedings

  1. Jan 13 2020
    Petition DENIED.
  2. Dec 11 2019
    DISTRIBUTED for Conference of 1/10/2020.
  3. Dec 09 2019
    Reply of petitioners Athena Diagnostics, Inc., et al. filed.
  4. Nov 22 2019
    Brief of respondents Mayo Collaborative Services, LLC, et al. in opposition filed.
  5. Nov 01 2019
    Brief amici curiae of Freenome Holdings, Inc. and New Cures For Cancers, Inc. filed.
  6. Nov 01 2019
    Brief amicus curiae of Blaine Laboratories, Inc., in support on neither party filed.
  7. Nov 01 2019
    Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
  8. Nov 01 2019
    Brief amici curiae of The Chicago Patent Attorneys filed.
  9. Nov 01 2019
    Brief amicus curiae of Intellectual Property Owners Association filed.
  10. Nov 01 2019
    Amicus brief of Honorable Paul R. Michel (ret.) not accepted for filing. (November 07, 2019 -- Corrected version to be submitted)
  11. Nov 01 2019
    Brief amicus curiae of Honorable Paul R. Michel (ret.) filed. (11/7/2019)
  12. Oct 31 2019
    Brief amicus curiae of Intellectual Property Law Association of Chicago filed.
  13. Oct 31 2019
    Brief amicus curiae of The Chartered Institute of Patent Attorneys filed.
  14. Oct 31 2019
    Brief amicus curiae of Biotechnology Innovation Organization filed.
  15. Oct 29 2019
    Brief amici curiae of Professors Jeffrey A. Lefstin and Peter S. Menell filed.
  16. Oct 18 2019
    Brief amicus curiae of New York Intellectual Property Law Association filed.
  17. 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.
  18. Oct 14 2019
    Motion to extend the time to file a response from November 1, 2019 to November 22, 2019, submitted to The Clerk.
  19. Oct 03 2019
    Blanket Consent filed by Petitioners, Athena Diagnostics, Inc., et al.
  20. Oct 01 2019
    Petition for a writ of certiorari filed. (Response due November 1, 2019)