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US Patent Law: Prenatal DNA Test invalid under §101
Today on IPcopy we have a guest post from Whyte Hirschboeck Dudek S.C. Many thanks to Michael J. Cronin, Ph.D for providing permission to repost this article on IPcopy.
In Ariosa Diagnostics, Inc. et al. v. Sequenom, Inc. et al., Nos. 2014-1139 and 2014-1144 (Fed. Cir. June 12, 2015), the Federal Circuit held that certain method claims of Sequenom’s U.S. Patent No. 6,258,540 (the ‘540 patent) are invalid as being directed to patent ineligible subject matter under 35 U.S.C. § 101. The Court concluded that the use of conventional methods for detecting a naturally occurring phenomenon did not transform the natural phenomenon into a patentable invention. Judge Reyna wrote the opinion for the panel, which included Judges Linn and Wallach. (more…)