IP Watchdog: SCOTUS Let Us Down Again, So Congress Should Move PERA by James Edwards
“The domestic judicial chaos around Section 101 puts American innovation, competitiveness, and economic and national security at stake.”
For the umpteenth time, the U.S. Supreme Court has declined to take a patent eligibility case on appeal. SCOTUS denied certiorari to Audio Evolution Diagnostics v. United States et al. on June 6.
The U.S. Court of Federal Claims invalidated all of AED’s patent claims, “conflating novelty and obviousness under 35 U.S.C. §§ 102 and 103 with patent eligibility under § 101,” according to Audio Evolution’s SCOTUS petition. Then the U.S. Court of Appeals for the Federal Circuit dialed it in once again, invoking Federal Circuit Rule 36 and disposing of the appeal with summary affirmance—one word—foregoing yet another opportunity to provide parties, inventors and others guidance on where the line lies between eligibility and ineligibility.