Sequenom – A District Court’s Sequel to the Myriad Decision
Dec 4th, 2013 by Michael Dilworth | Recent News & Articles |
Are diagnostic claims now at risk?
On October 30, 2013 the United States District Court for the Northern District of California issued an Order holding that medical diagnostic method claims are not eligible for patent protection. See Ariosa Diagnostics, Inc. v. Sequenom, Inc., Case No. C 11-06391 SI. This District Court Order is significant because it was made upon remand and direction from the Federal Circuit to examine the subject matter eligibility of diagnostic patent claims in light of the Supreme Court’s recent decision in Association for Molecular Pathology v. Myriad Genetics, Inc.,133 S. Ct. 2107 (2013). However, the District Court decision is also potentially concerning because it raises the specter of whether lower courts will now feel compelled to issue rulings on important patent questions that are still evolving at the Supreme Court level. Some might even argue that these patent questions deal with important public policy issues that should more appropriately be addressed by the legislative branch and the US Patent and Trademark Office.