Supreme Court Takes Pass on Clarifying Patent Eligibility, Disappointing BioPharma
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.
You may also be interested in...
Witnesses at US Senate hearings debate bill's impact on drug pricing; discuss limiting it to medical diagnostics.
A divided panel finds Athena Diagnostics' patent on method to diagnose myasthenia gravis is invalid; in dissent, Judge Newman cites industry concerns that the decision will deter development of new diagnostic methods.
If Biden administration wants to nominate the acting commissioner, Vacancies Reform Act would dictate the timing. Woodcock can still get the nod and remain head of the agency during the confirmation process, just as Andrew von Eschenbach retained his acting title following his nomination in 2006.