Law360, New York ( September 1, 2015, 10:21 AM EDT) -- In Ariosa Diagnostics Inc. v. Sequenom Inc., 788 F.3d 1371 (Fed. Cir. 2015), Federal Circuit Judge Richard Linn spoke effusively about a groundbreaking invention useful in noninvasive prenatal testing that "effectuated a practical result and benefit not previously attained" and that was "deserving of patent protection." He wrote this in an opinion concurring that the invention was ineligible for patent protection — that claims in Sequenom's U.S. Patent No. 6,258,540 were invalid under 35 USC §101.[1] Who is responsible for such a seemingly anomalous result?...
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