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  • Matthew Dowd

Dowd Scheffel Files Supreme Court Amicus Brief in Caredx, Inc. v. Natera

Dowd Scheffel filed an amicus curiae brief in the U.S. Supreme Court on behalf of Chief Judge Paul R. Michel (ret.) and Professor John F. Duffy of the University of Virginia School of Law. The brief, authored by lead counsel Matthew J. Dowd, supportsCareDx, Inc.’s attempt to overcome an adverse ruling based on a pattern of inconsistency in patent-eligibility jurisprudence. In 2022, the Federal Circuit ruled to invalidate CareDx’s claims of its patents over detection levels of donor cell-free DNA in the blood of an organ transplant patient. The brief argues that the court’s decision, as well as its patent-eligibility jurisprudence, is inconsistent with 35 U.S.C. § 101 and, in particular, §100(b). This statute states a “process includes a new use of a known process.” The brief aims to clear up this confusion and provide patent owners and inventors with clear and reliable patent law. The brief can be found here https://www.supremecourt.gov/DocketPDF/22/22-1066/267766/20230525162220890_22-1066%20Amici%20Brief.pdf The amicus brief was covered in the legal media here: https://ipwatchdog.com/2023/05/31/scotus-requests-response-in-caredx-eligibility-petition-following-michel-duffy-brief/id=161733/

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