Ariosa Diagnostics, Inc v Sequenom, Inc [2021] FCAFC
101
The Full Court of the Federal Court of Australia has confirmed
that Sequenom's diagnostic method of detecting fetal DNA in
maternal blood is eligible for patent protection in Australia.
The decision highlights the different approaches taken by
Australian, European and US authorities when it comes to assessing
the patentability of diagnostic methods.
However, the Full Court also found that Sequenom's patent
was not infringed by the importation of results from tests
conducted overseas on the basis that the results were information
and not a product that could be exploited.
The technology
Sequenom's patent stemmed from the discovery of cell-free
fetal DNA (cffDNA) in maternal blood serum and blood plasma by two
researchers from Oxford University. The discovery enabled the
development of a non-invasive prenatal test using maternal blood
samples.
