Expect More Rulings Invalidating Patents Under Section 101

Law360, New York (November 25, 2013, 1:13 PM EST) -- On Oct. 30, 2013, in the matter of Ariosa Diagnostics Inc. v. Sequenom Inc., Case No. cv-06391, Judge Susan Illston from the Northern District of California issued a summary judgment opinion invalidating U.S. Patent 6,258,540 (“the ‘540 patent”), titled, “Non-Invasive prenatal diagnosis,” on the basis that the claims of the patent were directed towards unpatentable subject matter under 35 U.S.C. Section 101.

In this case, licensee of the ‘540 Patent, Sequenom Inc. which provides a noninvasive prenatal test to sample fetal DNA and screens for sex...
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