Today in “Ariosa II”, Genetic Technologies Ltd. v. Merial L.L.C., __ F.3d __ (Fed. Cir. 2016)(Dyk, J.), the court followed its notorious Ariosa opinion to deny patent-eligibility to an invention where “[t]he similarity of claim 1 to the claims evaluated in Mayo and Ariosa requires the conclusion that claim 1 is directed to a law of nature.”
A Better Vehicle than Ariosa: Given the problematic history of Ariosa and its Question Presented in its outstanding petition now pending at the Supreme Court, “Ariosa II” may be a better test vehicle throughamici participation for reconsideration en banc than continued efforts in Ariosa.
A copy of the opinion Is attached.