Posts Tagged: Ariosa v. Sequenom


Consider the Courage of Judge Newman at the Federal Circuit

With more dissents than any other Federal Circuit Judge in history,  Judge Pauline Newman is driven by a need to safeguard our national system of innovation. Judge …
By Gene Quinn & Nancy Braman
4 months ago 10

Perspective: Weakening Alice Will Weaken the U.S. Patent System’s Second Engine of Innovation

Today is Alice’s fifth birthday; some may not be celebrating, but as a birthday gift, John Vandenberg argues the decision was not new law and should …
By John Vandenberg
5 months ago 27

Athena Diagnostics v. Mayo Collaborative Services: a Paradigm of Patent Eligibility Meriting En Banc Review

In Ariosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371, 1376 (Fed. Cir. 2015) the Federal Circuit belittled pioneering work at Oxford University, indisputably one of the world’s leading …
By Paul Cole
6 months ago 22

Patent Eligibility of Medical Diagnostic Inventions: Where Are We Now, and Where Are We Headed?

In each of the recent Federal Circuit decisions on medical diagnostics inventions, Athena Diagnostics v. Mayo Collaborative Services, 2017-2508, (Fed. Cir. Feb. 6, 2019) (“Athena”) and Cleveland Clinic Found. …

The CAFC Split Non-precedential Decision in Exergen v. Kaz Raises Interesting Issues About Eligibility Determinations

In Exergen Corporation v. Kaz USA, No. 16-2315 (March 8, 2018), the Federal Circuit, in a split non-precedential opinion, affirmed a holding that Exergen’s claims directed to methods …

Supreme Court denies cert. in Sequenom v. Ariosa Diagnostics

Earlier today the United States Supreme Court denied certiorari to Sequenom, Inc., which will let stand a decision of the United States Court of Appeals for the …
By Gene Quinn
3 years ago 72

Amici led by Eli Lilly file brief in Supreme Court in support of Sequenom certiorari petition

Rather than use the word 'conflate' to describe the mongrel mixture of patentability requirements the Supreme Court undertook in Mayo, the Eli Lilly brief characterizes the analysis …
By Gene Quinn
4 years ago 8

SCOTUS Blog founder asks Supreme Court to reconsider Mayo ruling in Sequenom v. Ariosa

This is as straightforward a certiorari candidate as any patent case can be. It is manifestly important: A host of judges and amici have stressed that the …
By Gene Quinn
4 years ago 16

The Year in Patents: The Top 10 Patent Stories from 2015

It is that time once again when we look back on the previous year in preparation to close the final chapter in order move fresh into the …
By Gene Quinn
4 years ago 0

CAFC denies Sequenom en banc petition, Next stop SCOTUS

The law of patent eligibility is created by the nine least qualified people to make such a determination; the Justices of Supreme Court of the United States. …
By Gene Quinn
4 years ago 40

Ariosa v. Sequenom: Dire consequences for biomedicine require rehearing en banc by CAFC

The panel decision in this case reads recent Supreme Court precedent to create an existential threat to patent protection for an array of meritorious inventions. It avowedly …
By Thomas Goldstein
4 years ago 4

The Mayo Framework Does Not Moot Preemption

While Mayo and Alice presented a two-part "framework" to address when a particular claimed invention preempts a "fundamental principle," neither case purported to have that framework replace …
By Irena Royzman & Alicia Russo
4 years ago 3

Ariosa v. Sequenom: Petitioning the Federal Circuit to Reverse Course on Patent Eligibility

This is a really important question both with respect to biologics and other interventions and also as the Federal Circuit does work with the Supreme Court’s …
By Gene Quinn
4 years ago 36

Federal Circuit Should Reconsider Ariosa v. Sequenom: The Panel Decision Threatens Modern Innovation

As the amici correctly argue, the panel’s decision striking down Sequenom’s noninvasive prenatal test strikes at the very heart of the patent system. Revolutionary diagnostic …
By Devlin Hartline
4 years ago 2