Supreme Court
Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC.,
No. 19-430 (S. Ct. Jan. 13, 2020)
Despite the Solicitor General's amicus in another case
seemingly suggesting that Athena might be the appropriate vehicle
for the Court to address the "confusion created by this
Court's recent Section 101 precedents," on January 13,
2020, the Court denied certiorari.
Federal Circuit
Amgen Inc. v. Amneal Pharmaceuticals, LLC., Nos. 20182414,
2019-1086 (Fed. Cir. Jan. 7, 2020)
Read the case because construction of Markush
claims can be tricky.
The Federal Circuit addressed infringement issues in this ANDA
litigation against multiple generics. The district court wrongly
limited the claim at issue to only the binders and disintegrants
specified in Markush clauses. Although those Markush groups
"consists of" certain members, the claim language
required "at least one" of the Markush members, and did
not indicate the only binders/disintegrants permitted
