Intema Seeks High Court Review Of Nixed Fetal Test Patent

Law360, Los Angeles (May 30, 2013, 4:29 PM EDT) -- Intema Ltd. has asked the U.S. Supreme Court to review a Federal Circuit decision nixing its patent on a fetal Down syndrome screening test, saying if the decision isn't reversed it will render most diagnostic, screening and personal medicine tests unpatentable.

The May 14 petition comes after the Federal Circuit, citing the Supreme Court's Mayo v. Prometheus decision, ruled in November that an Intema patent for the test isn't patent-eligible because it claims both an abstract idea and a law of nature, reversing a lower court's...
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