In early October, Athena Diagnostics Inc. filed a petition for certiorari in Athena Diagnostics Inc. v. Mayo Collaborative Services LLC. As we wait to see whether the Supreme Court will take up the case, it is worth revisiting the U.S. Court of Appeals for the Federal Circuit’s highly unusual per curium order that led to the petition.The story of Athena starts with the famous (or infamous) 2012 case Mayo Collaborative Services LLC v. Prometheus Laboratories Inc. in which the Supreme Court unveiled a new two-part test …