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Supreme Court Takes Pass on Clarifying Patent Eligibility, Disappointing BioPharma

Executive Summary

Industry now needs to wait for a more appealing appeal or a revived legislative effort after the high court declines review of Athena Diagnostics v. Mayo Collaborative Services, which created a sharp divide in the Federal Circuit, and Hikma v. Vanda; biopharma and others contend eligibility issue is biggest problem in patent system.

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