Federal Circuit denies en banc review of Ariosa v. Sequenom

On Dec 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. The concurrences and dissent in the Ariosa case offer insight into how the v...

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Bibliographic Details
Published in:The IP Litigator : Devoted to Intellectual Property Litigation and Enforcement 2016-01, Vol.22 (1), p.5
Main Author: Kern, Ronald C
Format: Article
Language:English
Subjects:
Acids
Case law
Diagnostics
District courts
Exclusive licenses
Federal court decisions
Fractionation
Intellectual property
Judges & magistrates
Laws, regulations and rules
Life sciences
Patentability
Petitions
Plasma
Prenatal diagnosis
State court decisions
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Summary:On Dec 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. The concurrences and dissent in the Ariosa case offer insight into how the various judges perceive the existing Section 101 case law and attempt to offer applicants guidance in obtaining patent-eligible claims in the diagnostic arena. In an almost unanimous decision (11-1), the active judges of the Federal Circuit denied the petition for rehearing en banc. Concurring opinions by Judge Lourie (joined by Judge Moore) and Judge Dyk, and a dissent by Judge Newman were filed with the denial. As the diagnostic and life science communities eagerly wait to see whether or not Ariosa will petition the Supreme Court to review this case, the Federal Circuit may have begun to offer applicants guidance on pursuing patentable claims in the diagnostic arena.
ISSN:1086-914X