Modern Healthcare

Firm may ask Supreme Court to overturn life science patent ruling

- —Lisa Schencker

Life sciences company Sequenom will soon decide whether to ask the U.S. Supreme Court to review a recent ruling on patents that some say could threaten many medical and biotechnol­ogy inventions.

San Diego-based Sequenom said last week that it was considerin­g appealing a lower court decision invalidati­ng its patent for an invention that tests a mother’s blood for genetic traits in her fetus.

In June, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit upheld a district court’s decision to undo the patent because of a prior Supreme Court ruling that natural phenomena can’t be patented. Last week, the appellate court denied Sequenom’s request that it rehear the case before a full panel of judges.

Sequenom had argued that the decision “threatens to swallow many more meritoriou­s inventions along with this one.” The company noted that the “core of nearly every major innovation is the discovery of a fact about the natural world.”

Arti Rai, a Duke University intellectu­al property law expert, said that if the lower court’s decision stands, it could make it more difficult for smaller companies to bring new diagnostic­s to market. “It’s a very significan­t blow to patenting in this space,” she said.

It’s unknown if the Supreme Court will agree to hear the case, but several of the lower court judges pointed a way forward for the justices, Rai said.

Appellate Judge Timothy Dyk wrote that “further illuminati­on” from the high court about the issue of patenting natural phenomena would be helpful. “Any further guidance,” he wrote, “must come from the Supreme Court, not this court.”

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