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Strong Amicus Support for Sequenom’s Cert Petition

April 20, 2016

On March 21, 2016, Sequenom, Inc., represented by Kaye Scholer and Goldstein & Russell, filed its petition for a writ of certiorari to the United States Supreme Court to seek review of the Federal Circuit’s controversial decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371, reh’g denied, 809 F.3d 1282 (Fed. Cir. 2015).

Sequenom’s petition in Case No. 15-1182 is linked here. The Federal Circuit opinions are included in the appendix to the petition. Sequenom's reply brief to opposition on its petition for writ of certiorari is linked here.

The Federal Circuit’s decision invalidated Sequenom’s paradigm changing patent on noninvasive prenatal testing for fetal abnormalities using a maternal blood sample. The outcome of this case will significantly impact the speed of medical innovation, investment in cutting-edge diagnostics, and healthcare opportunities for pregnant women. The petition asks the Supreme Court to revisit its prior rulings to clarify that it did not intend to block patents for inventors who apply a new combination of known techniques to their own discoveries of new natural phenomena.

Many amicus briefs have been submitted to the Supreme Court in support of Sequenom’s petition for certiorari, reflecting a who’s who of biotech industry interests, patent owners’ organizations, and academics who have written extensively in this area of the law. Among the amici is Dr. Ananda Chakrabarty, whose genetic engineering invention was found patent eligible by the Supreme Court in the landmark Supreme Court case, Diamond v. Chakrabarty.

Each of the amicus briefs is accessible by clicking on the links below.

The amici include: U.S. industry groups, such as BIO, PhRMA, and the Coalition for 21st Century Medicine; biotech and pharmaceutical companies, such as Eli Lilly, Pfizer, Novartis, and Eisai; genetic researchers, such as Dr. Ananda Chakrabarty and Jyant Technologies; two mothers, Linda Bruzzone and Erin Mading, whose children died from genetic conditions because of the unavailability of appropriate tests, and genetic testing companies, such as Population Diagnostics, Personalis, and Avant Diagnostics; leading biotech venture investors, such as Amarantus and ExoIncubator; the biotechnology industry associations of the E.U., U.K., Canada, Australia, Japan, Switzerland, Netherlands and Scotland; university research foundations at Wisconsin and Indiana; dozens of prominent patent law academics from law schools throughout the United States and the E.U.; patent owners’ associations, such as the Intellectual Property Organization; and patent lawyers’ groups from the United States and the E.U., including the New York, Boston, and San Diego Intellectual Property Law Associations, the U.K. Chartered Institute of Patent Agents, and the Institute of Professional Representatives before the European Patent Office.

     Amicus

     Brief

19 Law Professors

» Download the brief

Amarantus BioScience Holdings, Inc., Exo Incubator, Inc., and Michael Heltzen

» Download the brief


The Bioindustry Association (BIA) joined by Europabio, AusBiotech, Swiss Biotech Association, HollandBIO, BIOTECanada, and the Japan Bioindustry Association

» Download the brief




Biotechnology Innovation Organization, Pharmaceutical Research and Manufacturers of America and the Association of University Technology Managers

» Download the brief





Boston Patent Law Association

» Download the brief

Chartered Institute of Patent Attorneys

» Download the brief

Coalition for 21st Century Medicine

» Download the brief

Dr. Ananda Mohan Chakrabarty

» Download the brief

Eli Lilly and Company, Eisai Inc., Upsher-Smith Laboratories, Inc., Pfizer Inc., and Etiometry, Inc.

» Download the brief



Federal Circuit Bar Association

» Download the brief

The Institute of Professional Representatives Before the European Patent Office

» Download the brief



Intellectual Property Owners Association (IPO)

» Download the brief


JYANT Technologies

» Download the brief

Metabolon, Inc.

» Download the brief

Microsoft Corporation

» Download the brief

Murgitroyd & Company

» Download the brief

New York Intellectual Property Law Association (NYIPLA)

» Download the brief


Novartis AG

» Download the brief

Population Diagnostics, Inc., Avant Diagnostics, Inc., Personalis, Inc., Linda Bruzzone, And Erin Marie Mading

» Download the brief



Professor Timo Minssen and Robert M. Schwartz with 10 European and Australian Law Professors

» Download the brief



Professors Jeffrey A. Lefstin and Peter S. Menell

» Download the brief


Wisconsin Alumni Research Foundation, Indiana University Research and Technology Corporation, and San Diego Intellectual Property Law Association

» Download the brief



 

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