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Sequenom undeterred, petitions Supreme Court to review adverse '540 patent rulings

Mar. 22, 2016 8:46 AM ETSequenom, Inc. (SQNM) StockILMN, SQNMBy: Douglas W. House, SA News Editor6 Comments
  • Sequenom (NASDAQ:SQNM) has petitioned the U.S. Supreme Court to review lower court decisions. that the claims of its U.S. Patent No. 6,258,540 ('540 patent) are not patent eligible. In October, 2013, a U.S. District Court ruled that the patent, covering the detection of cell-free DNA in the blood of pregnant women, was invalid because a phenomenon of nature is unpatentable. The ruling was upheld on appeal.
  • CEO Dirk van den Boom, Ph.D., says, "We continue to believe that the groundbreaking techniques embodied in the '540 patent are eligible for patent protection. More broadly, we believe our case provides a compelling opportunity for the Supreme Court to clarify patent eligibility criteria to protect the significant investments made by Sequenom and other life sciences organizations that have undoubtedly advanced the standard of patient care and treatment, as well as encouraging future such investments."
  • The company says the lower court decision will not have a material impact on its ongoing business since it has been operating under the District Court's invalidity ruling since October 2013 and it has a pooling arrangement of NIPT (noninvasive prenatal testing) intellectual property with Illumina (NASDAQ:ILMN).
  • Previously: Ilumina and Sequenom settle patent infringement claims (Dec. 3, 2014)
  • Update: On June 27, the company announced that the U.S. Supreme Court denied its petition to review the lower court's decision.

This was corrected on 02/05/2019 at 1:29 AM. SCOTUS declines to review the lower court's decision.

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