Fed. Circ. Nixes Intema Fetal Test Patent Under Mayo

Law360, New York (November 20, 2012, 5:48 PM EST) -- Citing the U.S. Supreme Court's Mayo v. Prometheus decision, the Federal Circuit ruled Tuesday that an Intema Ltd. patent on a fetal Down syndrome screening test is not patent eligible because it claims both an abstract idea and a law of nature, reversing a lower court's ruling to the contrary.

The lower court in fact granted summary judgment to PerkinElmer Inc., which filed suit seeking to invalidate Intema's patent on the ground that the patent was anticipated and obvious, though it ruled that it covered patent-eligible...
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