On June 12, 2015, the Federal Circuit affirmed a U.S. District Court’s ruling that Sequenom, Inc’s patent for prenatal DNA tests used to determine the gender of a fetus is not patent-eligible. In the underlying case, the U.S. District Court awarded summary judgment to Ariosa Diagnostics, Inc. and held that Sequenom’s U.S. Patent No. 6,258,540 was not directed to patent-eligible subject matter, as it was directed to a natural phenomenon. A three-judge panel of the Federal Circuit affirmed the decision, and cited to the framework established by the Supreme Court’s Myriad and Mayo decisions. The case remains pending and is captioned 14-1139.
By: Jacqueline A. DiRamio