Some members of the patent bar remain anxious to see patents sprawl across the ongoing revolution in molecular biology, as illustrated by Patent Docs March 22, 2016 review of a cert petition to SCOTUS by Sequenom. I previously predicted SCOTUS would knock out Myriad’s efforts to patent BRCA genes, and cheered when indeed Myriad lost at trial before Judge Sweet (who still deserves great kudos for mastering and explaining the topic) and then lost again at SCOTUS. In my view, this new petition by Sequenom is – and should be – DOA as it seeks a patent for applying obvious facts to nature in a new way. Time will tell.
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