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BPLA Amicus Brief filed on 4/20/16

Tuesday, May 31, 2016  
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In the much-discussed case, Ariosa Diagnostics v. Sequenom Inc., 788 F. 3d 1371 (Fed . Cir 2015), the Federal Circuit created enormous turmoil concerning the modern boundaries of subject-matter eligibility under 35 U.S.C. § 101.  In a series of diverse interpretations of Alice and Mayo, various Federal Circuit judges threw up their hands at what they acknowledged was a broken and unworkable framework for determining patent-eligible subject matter.  Unable to synthesize or distinguish Alice and Mayo, claims that were widely viewed as patentable in Ariosa was held to not be. The BPLA filed an amicus brief supporting Sequenom’s Petition for a Writ of Certiorari asking the Supreme Court to clarify and restore the boundaries of § 101.   Failure to do so would create a crisis for development of new and useful medical diagnostic methods and the miracle of “personalized” or precision medicine that requires them


The full document (PDF) is available here.




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