In a move with far-reaching implications for the future of diagnostic medical innovation, on March 21 Sequenom Inc. filed a petition for a writ of certiorari with the U.S. Supreme Court challenging the ruling last year by the U.S. Court of Appeals for the Federal Circuit that the first noninvasive prenatal test for fatal conditions in a baby’s DNA was unpatentable.
In that case—Ariosa Diagnostics v. Sequenom—and in a subsequent denial of an en banc rehearing, the Federal Circuit reluctantly ruled against Sequenom by citing as precedent the Supreme Court’s decision in Mayo Collaborative Services v. Prometheus Labs. Many believe that the court’s 2012 decision in that case, which held that a diagnostic test for a personalized medicine dosing regimen was unpatentable, was overbroad. If the Supreme Court grants Sequenom’s cert petition, which has strong support from industry and academia, it may reconsider its ruling in Mayo.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]