Even Breakthrough Patents Can Be Invalid, Sequenom Shows
By Ryan Davis (June 15, 2015, 8:12 PM EDT) -- The Federal Circuit's decision Friday that Sequenom Inc.'s patent for prenatal DNA tests is invalid for claiming a natural phenomenon makes clear that many medical and biotechnology patents are at risk from the U.S. Supreme Court's Mayo and Myriad rulings, even those involving groundbreaking innovations, attorneys say.
The appeals court said Sequenom's discovery that DNA taken from the plasma of a pregnant woman can be used to test the fetus for gender and identify genetic defects, eliminating the need for risky invasive procedures, "is a positive and valuable contribution to science."
But the court found the company's patent was invalid because it relied...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!