By Kevin E. Noonan — The transcendental conundrum in patent law in these times is how to overcome the misinterpretation of the Supreme Court’s decisions on patent eligibility law by district courts and the Federal Circuit. That these courts cannot overcome the precedential tangle they have created is firmly established by the Court’s own decisions; Judge Moore in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC stated the obvious when she said in her dissent: My colleagues’ refusal deflates the Amici’s hopeful suggestion that our precedent leaves the eligibility of a diagnostic claim in front of the Federal Circuit “uncertain.”…
