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<i>Ariosa Diagnostics v. Sequenom </i>

By David L. Walker and Angela L. Morrison

On June 12, 2015, the U.S. Court of Appeals for the Federal Circuit, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., slip opinion No. 2014-1139, 2014-1144 (Fed. Cir. June 12, 2015), affirmed a grant of summary judgment of invalidity of another patent in the biotech space. The patent at issue ' U.S. Patent No. 6,258,540, directed to methods of detecting and using cell-free fetal DNA in non-invasive prenatal diagnosis ' was deemed invalid for lack of patent-eligible subject matter. The decision adds to a long and growing list of patents that have fallen in the wake of the Supreme Court's recent 35 U.S.C. '101 jurisprudence. See, Mayo Collaborative Servs. v. Prometheus Laboratories, Inc., 566 U.S. ___, 132 S. Ct. 1289 (2012); Ass'n for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. ___, 133 S. Ct. 2107 (2013); Alice Corp. v. CLS Bank Int'l, 573 U.S. ___, 134 S. Ct. 2347 (2014); Bilski v. Kappos, 561 U.S. 593 (2010).

The Patent in Sequenom

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