For our weekly SoCal IP Institute meeting on Monday, March 23rd, 2020 we will discuss the following case:
Illumina, Inc. and Sequenom, Inc. v. Ariosa Diagnostics, Inc. (CAFC 2020) (available here)
In 2015, the Federal Circuit found that patents relating to an invention by Illumina and Sequenom were unpatentable. The patents related to identifying that a pregnant mother often has fetal DNA in her bloodstream, and that this fetal DNA can be used for safer testing. In this case, Illumina and Sequenom applied for similar patent protection relating to a method of preparing test samples using a similar method. The Federal Circuit found that the patents were eligible for protection. Said the court “[t]his is not a diagnostic case. And it is not a method of treatment case. It is a method of preparation case.”
The USPTO has also released a notice regarding Covid-19
The United States Patent and Trademark office considers the effects of the Covid-19 outbreak to be an extraordinary situation under 37 CFR 1.183 and 37 CFR 2.146. As such, the USPTO is allowing patent applicants to file a petition to revive for those “who were unable to timely reply to an Office communication due to the effects of the coronavirus outbreak, which resulted in the application being held abandoned or the reexamination prosecution terminated or limited.”
All are invited to attend. Due to the Covid-19 situation the meeting will be conducted electronically via zoom. Join us by using this link. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.