Sequenom Goes to CAFC

As expected the Sequenom case has been appealed to the CAFC, the high patent court. The docket entry appears below:

"USCA Case Number 14-1142 USCA for the Federal Circuit for 153 Notice of Appeal filed by Sequenom, Inc.. (ysS, COURT STAFF) (Filed on 12/5/2013) (Entered: 12/06/2013)."

I am 85% certain the lower court's decision will be overturned by the pro-patent CAFC despite the decision in the Myriad case.  The only question I have is whether the Supreme Court will grant cert once the Sequenom case is decided.  Stay tuned for more on this case.

Footnote on Ariosa

According to the complaint in one of the cases now styled Ariosa v Sequenom, the original plaintiff was a company called Aria.  According to the March 28, 2012 edition of a web based journal, Clinical Sequencing News:

"Aria Changes Name to Ariosa Diagnostics; Completes Clinical Validation of Prenatal Trisomy Test."

Sequenom agaonst Ariosa

Sequenom and Ariosa are the two parties named in the NYT article in the previous post.  As usual, it is not that simple.  There are several parties on both sides and a lot of cross suing going on.  But my research has revealed one of the patents (there may be more) involved in the case.  USPN 6,258,540 is directed to:

"Non-invasive prenatal diagnosis."

The Abstract of the Patent: "The invention relates to a detection method performed on a maternal serum or plasma sample from a pregnant female, which method comprises detecting the presence of a nucleic acid of foetal origin in the sample. The invention enables non-invasive prenatal diagnosis including for example sex determination, blood typing and other genotyping, and detection of pre-eclampsia in the mother."
Talk about ethics!  This one's a beaut.

Here's a link to the patent:

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=6258540.PN.&OS=PN/6258540&RS=PN/6258540

Judge Invalidates Patent for a Down Syndrome Test

http://www.nytimes.com/2013/11/01/business/judge-invalidates-patent-for-a-down-syndrome-test.html?emc=edit_tnt_20131031&tntemail0=y&_r=0

KosherGoldfish to speak on Nov. 3

Celebrate Jewish Book Month

with Beth El Writers

Jewish Book Month is the month prior to Chanukah and this year it occurs between October 26 and November 26.

The Beth El Media Center will celebrate with three Coffee and Bagel with Beth El Writers events in the Dimond Library on Sundays, November 3, 10 and 17

at 10 AM. There is no charge for the Coffee and Bagel with Beth El Writers.

Questions? Call Gilah Goldsmith, 703-528-1629.

Speakers for the Coffee and Bagel with Beth El Writers include:

Art Gershman, author of Other People's Bodies, will speak on November 3. 

Art's book deals with the new frontier of biological patents.

The Latest in Empire (GenebyGene)

You do not have access to this transcript.

**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FINAL ARGUMENT IN PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION held on OCTOBER 7, 2013 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (801) 809-4634.NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Tr anscript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/4/2013. Redacted Transcript Deadline set for 11/14/2013. Release of Transcript Restriction set for 1/13/2014. (asp)

The latest in Empire (Ambry)

You do not have access to this transcript.

**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FINAL ARGUMENT IN PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION held on OCTOBER 7, 2013 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (801) 809-4634.NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Tr anscript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/4/2013. Redacted Transcript Deadline set for 11/14/2013. Release of Transcript Restriction set for 1/13/2014. (asp)