Here is an update on recent en banc activity in patent cases at the Federal Circuit. A new petition was filed in a patent case raising questions concerning patent eligibility. Here are the details.
New Petitions
A new petition was filed in Audio Evolution Diagnostics, Inc. v. United States, a patent case. The petition presents the following questions:
- “Whether this Court’s Section 101 precedent since the Supreme Court’s Alice/Mayo decisions requires clarification due to the economic damage and unpredictability that it has caused to the point that claimed processes, machines, manufactures, compositions of matter, and new and useful improvements thereof are now abstract ideas under this Court’s overbroad and non-uniform application of the Alice/Mayo steps that Alice/Mayo do not require.”
- “[W]hether this Court’s application of the Alice/Mayo steps has created a precedent of conflicting positions between the Department of Justice (‘DOJ’) and the SG’s Office whom this Court and the Supreme Court rely on for legal guidance regarding the patent laws.”