Tag Archives: Biotechnology

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

As Urged by PhRMA and BIO, Supreme Court Agrees to Review Claim Construction Standard Used in Patent Office Trials

By Laura Gordon on February 8, 2016 Posted in Uncategorized

Pharmaceutical companies have reason to be pleased with the United States Supreme Court’s recent decision to grant a petition for a writ of certiorari in Cuozzo Speed Technologies, LLC v. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office, No. 15-446 (Cuozzo). The Supreme Court has agreed to review … Continue Reading

Australian High Court Rules Gene Patents Unpatentable

By Maurice Valla on October 28, 2015 Posted in Uncategorized

Decision reverses decades of precedent and calls into question the validity of literally thousands of issued Australian patents Like the U.S. Supreme Court, the High Court of Australia has determined that Myriad’s patents directed to purified and isolated DNA molecules encoding the BRCA genes are unpatentable. Indeed, the High Court of Australia went one step … Continue Reading

How an Insufficiently Detailed Provisional Patent Application Can Hurt You

By Aaron Rabinowitz on July 24, 2015 Posted in Uncategorized

In today’s world, there are a few things most people can agree on: Sean Connery was the best James Bond, ice cream is the perfect dessert for any season – and patent applications are expensive! Because even a run-of-the-mill patent application may, depending on the invention’s complexity, cost several thousand dollars, life science entities may … Continue Reading

What Constitutes Patentable Subject Matter in Biotechnology?

By Maurice Valla on July 8, 2015 Posted in Uncategorized

With its recent (June 12, 2015) decision in Ariosa v. Sequenom, the Court of Appeals for the Federal Circuit affirmed the Northern District of California’s broad interpretation of the U.S. Supreme Court’s Prometheus v. Mayo holding that claims directed to the mere application of naturally occurring products and phenomena constitute unpatentable subject matter. Sequenom’s U.S. … Continue Reading