maternal serum or blood : CAFC Alert

A “revolutionary” prenatal care patent is invalidated under the Mayo test

| July 30, 2015

Ariosa Diagnostics, Inc., Et Al. v. Sequenom, Inc., Et Al.

June 12, 2015

Before: Reyna (Opinion author), Linn (Concurring), and Wallach

The Federal Circuit held that the method claims of the asserted patent are invalid as patent-ineligible under 35 U.S.C.S. § 101 because the method claims are directed to naturally occurring phenomena, and do not contain an inventive concept sufficient to “transform” the claimed naturally occurring phenomenon into a patent-eligible application.
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