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ARTICLE · 15 NOVEMBER 2013

Myriad Applied: More News For Diagnostic Patents

Smart & Biggar
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Last week, in "Ariosa Diagnostics Inc v. Sequenom Inc", a district court issued a declaratory judgement.

CanadaIntellectual Property
Noel Courage
Noel Courage
Carmela De Luca
Carmela De Luca
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Last week, in Ariosa Diagnostics Inc v. Sequenom Inc, a district court issued a declaratory judgement, finding that claims directed to a diagnostic method involving detection of cell-free fetal DNA (cffDNA) were invalid as unpatentable subject matter under 35 U.S.C. § 101. The case is only a district court decision which typically has no binding precedential effect. It is also likely to be appealed. The district court's opinion was based on the Supreme Court's recent decision in Association for Molecular Pathology v. Myriad Genetics, Inc., 133 S. Ct. 2107 (2013) discussed here.

The patent in question related to the detection of paternally inherited cffDNA in maternal plasma or serum.

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