The full Federal Circuit has signed off on a patent eligibility ruling that some biotech industry groups say will have disastrous consequences for medical diagnostic companies.
In turning down en banc review of Ariosa Diagnostics v. Sequenom, four of the U.S. Court of Appeals for the Federal Circuit’s 12 active judges called on the Supreme Court to reconsider its Mayo test for excluding natural phenomena. But three of the four implied it might be more appropriate to do so in a future case because Sequenom Inc.’s patents on a noninvasive fetal diagnostic test contains other flaws.
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