Ron Kern

Supreme Court Denies Sequenom’s Petition for Certiorari

By Ron Kern on July 13, 2016 Posted in Uncategorized

On June 27, 2016, the U.S. Supreme Court, without comment, denied Sequenom’s petition for certiorari, leaving in place the Court’s previous rulings prohibiting the patenting of laws of nature and natural phenomenon. Read more >>… Continue Reading

Supreme Court Asked to Clarify Limits on Diagnostic Method Patents

By Ron Kern on April 18, 2016 Posted in Uncategorized

Arguing that the current state of the law weakens the patent system and poses a danger to life science innovators, biotechnology company, Sequenom, Inc., has filed a writ of certiorari with the U.S. Supreme Court, asking the Court to provide clarification regarding the limits of 35 U.S.C. § 101 as it relates to patent eligibility of diagnostic … Continue Reading

Federal Circuit denies en banc review of Ariosa v. Sequenom

By Ron Kern on December 21, 2015 Posted in Uncategorized

On December 2, 2015, an almost unanimous Federal Circuit decision was issued denying the en banc rehearing of Ariosa v. Sequenom, a case having significant consequences for diagnostic patents and Section 101 case law in general.[1] The concurrences and dissent in the Ariosa case offer insight into how the various judges perceive the existing Section … Continue Reading

Federal Circuit Confirms Both New Biosimilar Bring-to-Market Procedural Option and Additional Six-Month Exclusivity Period for Brand-Name Biologics

By Rik Parker and Ron Kern on August 7, 2015 Posted in Uncategorized

On July 21, 2015, brand-name biologics companies and companies developing biosimilars received a split in a significant decision with industry-wide ramifications in the high-stakes battle about how and when biosimilar products may be brought to market. In Amgen Inc. v. Sandoz Inc. (Appeal No. 2015-1499), a divided panel of the Court of Appeals for the … Continue Reading