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SCOTUS Requests Response in CareDx ‘101 Eligibility Petition

“[The] split [on patent eligibility law] produces intolerable uncertainty for businesses, with the Executive Branch issuing meritorious patents like the three patents at issue here, only to have the courts invalidate them.” – Michel/Duffy brief

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What’s Next For ‘101 Patent Eligibility After Latest Denials

Law360 (May 16, 2023, 11:13 PM EDT) — While the U.S. Supreme Court declined again on Monday to address patent eligibility, attorneys said calls for more clarity on the divisive issue aren’t going away, with eyes turning to future cases at the high court or the Federal Circuit, or to Congressional legislation.

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BREAKING: Justices Again Decline To Reconsider Patent Eligibility Test

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Certiorari Denied in Eligibility Cases

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.

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Clearly, It’s Past Time for the Supreme Court or Congress to Provide Clarity

“The time is now for the Court to grant certiorari, or for Congress to pass new laws, so that the problem of eligibility can be eliminated, and consistency and
clarity be provided to all who rely on our patent system.”

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