Firm Authors Amicus Brief Asking Supreme Court to Hear Biotech Case on Patent Eligibility
The firm authored an amicus curiae brief for the New York Intellectual Property Law Association urging the Supreme Court to clarify its precedents on patent eligible subject matter. The Federal Circuit’s application of the Court’s precedents has caused a crisis in medical innovation due to uncertainty as to whether applications of previously unknown natural phenomena will be found patent eligible. The amicus brief asks the Supreme Court to clarify that its precedents do not provide an exclusive or rigid rule for patent eligibility, that inventions that do not preempt laws of nature are patent eligible, and that claims must be considered as a whole in a patent eligibility analysis, thereby removing the cloud over patents in the diagnostics and personalized medicine fields. The Supreme Court case is captioned Sequenom, Inc. v. Ariosa Diagnostics, Inc., No. 15-1182.
To read the full amicus curiae brief, click here.