News & Analysis as of

DNA Supreme Court of the United States Mayo v. Prometheus

Patterson Belknap Webb & Tyler LLP

Supreme Court Denies Sequenom’s Cert Petition, Leaving the Federal Circuit’s Interpretation of the Mayo/Alice Patent Eligibility...

The Supreme Court today denied Sequenom Inc.’s petition for writ of certiorari, in which Sequenom asked the Court to review a decision of the Federal Circuit invalidating its patent on a breakthrough prenatal diagnostic...more

Patterson Belknap Webb & Tyler LLP

Ariosa Files Opposition to Sequenom’s Cert Petition

Ariosa Diagnostics, Inc., Natera, Inc., and DNA Diagnostics Center, Inc. have filed briefs in opposition to Sequenom’s petition for writ of certiorari to the Supreme Court for review of the Federal Circuit’s decision holding...more

BakerHostetler

Supreme Court Asked to Clarify Limits on Diagnostic Method Patents

BakerHostetler on

Arguing that the current state of the law weakens the patent system and poses a danger to life science innovators, biotechnology company, Sequenom, Inc., has filed a writ of certiorari with the U.S. Supreme Court, asking the...more

Foley & Lardner LLP

Another Diagnostic Patent Falls Under 101

Foley & Lardner LLP on

In Genetic Techs Ltd v Merial LLC (Fed. Cir., April 8, 2016), the Federal Circuit invalidated yet another diagnostic patent for failing to satisfy 35 U.S.C. § 101 on the ground that the claims recite nothing more than a law...more

Foley & Lardner LLP

Methods Exploiting Junk DNA May Be Useful But Lack Patent Eligibility

Foley & Lardner LLP on

Striking another blow against patent eligibility in the field of biotechnology, the Federal Circuit agreed with the district court that methods that use “junk DNA” to detect genetic variations lack patent eligibility under 35...more

McDonnell Boehnen Hulbert & Berghoff LLP

Natera Responds to Sequenom's Petition for Rehearing En Banc

Last week, Appellee Natera, Inc. filed its response to the petition for rehearing en banc filed by Appellants Sequenom, Inc. and Sequenom Center for Molecular Medicine, LLC in August (see "Sequenom Requests Rehearing En...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ariosa Diagnostics Responds to Sequenom's Petition for Rehearing En Banc

On Monday, Appellee Ariosa Diagnostics, Inc. filed its response to the petition for rehearing en banc filed by Appellants Sequenom, Inc. and Sequenom Center for Molecular Medicine, LLC in August. In its response, Ariosa...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTO Releases Report on Confirmatory Genetic Diagnostic Testing

More than three years after the June 15, 2012 deadline for providing it, the U.S. Patent and Trademark Office has issued its report on so-called "second opinion" genetic diagnostic testing, mandated by Section 27 of the...more

Patterson Belknap Webb & Tyler LLP

Strong Support for Sequenom’s Petition for Rehearing En Banc

In Ariosa Diagnostics Inc. v. Sequenom Inc., 788 F.3d 1371 (Fed. Cir. 2015), a Federal Circuit panel held that Sequenom Inc.’s prenatal diagnosis patent claims patent ineligible subject matter under the two-step test of Mayo...more

McDermott Will & Emery

Fetal DNA Test Cannot Give Birth to a Patent - Ariosa Diagnostics, Inc., et al. v. Sequenom Inc., et al.

Addressing the issue of patent eligibility of a pre-natal testing invention, the U.S. Court of Appeals for the Federal Circuit unanimously affirmed the district court’s judgement of invalidity under 35 U.S.C. § 101 with...more

Goodwin

Federal Circuit Holds Medical Diagnostic Method Patent Invalid as Claiming Ineligible Subject Matter

Goodwin on

Background - In two recent cases, Mayo v. Prometheus and Alice v. CLS Bank, the Supreme Court established a two-part test for determining eligibility for patenting. In step one, the court asks whether the claim is...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sequenom Files Opening Brief in Appeal of Summary Judgment on Section 101 Grounds

Earlier this week, Sequenom, Inc. filed its opening brief in Ariosa Diagnostics, Inc. v. Sequenom, Inc., appealing summary judgment that its licensed claims to a genetic diagnostic method for detecting fetal diseases and...more

McAfee & Taft

Gene patents and the future of commercialized technology

McAfee & Taft on

Medicine is evolving from a global, one-size-fits-all approach to a more individualized approach that tailors treatment specifically for each patient. Originally published in The Journal Record - August 8, 2013....more

McDonnell Boehnen Hulbert & Berghoff LLP

The Supreme Court's Myriad Decision: Where Does It Leave the "Inventive Concept" Test?

Perhaps one of the most intriguing issues coming out of the Supreme Court's Myriad decision is whether it leaves any room for the "inventive concept" test raised by earlier Supreme Court decisions, including Mayo v....more

Foley & Lardner LLP

Federal Circuit Again Upholds Patent-Eligibility of Myriad's Isolated DNA Claims, Holds Diagnostic “Analyzing” Claims...

Foley & Lardner LLP on

On August 16, 2012, in the most recent decision in one of the most controversial and publicized biotech patent cases in many years, the Federal Circuit again decided the “ACLU/Myriad” gene patenting case (formally, The...more

Foley & Lardner LLP

Myriad Oral Arguments: Deja Vu?

Foley & Lardner LLP on

On Friday, July 20, 2012, the Federal Circuit heard oral arguments in Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU ”gene patenting”/BRCAI case), which is on remand in view of the Supreme Court...more

Foley & Lardner LLP

Myriad Urges Dismissal of “Gene Patenting” Case

Foley & Lardner LLP on

Yesterday Myriad urged the Federal Circuit to dismiss the “gene patenting” case on the ground that subject matter jurisdiction no longer exists. Myriad argued that in the alternative, the case should be remanded to the...more

Foley & Lardner LLP

Federal Circuit Sets Briefing Deadline, Oral Argument Date For Myriad Isolated DNA Case

Foley & Lardner LLP on

Pursuant to the Supreme Court’s March 26, 2012 order remanding Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU ”gene patenting”/BRCAI case), the Federal Circuit has issued an order requesting...more

Foley & Lardner LLP

Supreme Court Sends Myriad Back to the Federal Circuit

Foley & Lardner LLP on

The Supreme Court has issued a “GVR” in Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU ”gene patenting”/BRCAI case), granting certiorari only to vacate the Federal Circuit decision that upheld the...more

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