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Jonathan Singer of Fish & Richardson, counsel of record to Mayo Collaborative Services.

After dipping a toe back in the patent eligibility waters, the U.S. Supreme Court has decided against diving all the way back in.

The justices denied certiorari Monday in two cases in which the court had sought the views of the solicitor general, HP v. Berkheimer and Hikma Pharmaceuticals USA v. Vanda Pharmaceuticals. Either case could have forced the court to reconsider a quartet of Section 101 cases that have tilted the law of patent eligibility away from patent owners and more toward accused infringers.

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