Lengthening Shadows: Biotechnology and Patent Eligibility

Michael A. Sanzo

©2017. Published in Landslide, Vol. 9, No. 5, May/June 2017, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

On June 27, 2016, the U.S. Supreme Court denied certiorari in Sequenom v. Ariosa.1 The decision is of considerable interest to a biotechnology industry that had been looking for a signal as to whether the Court actually intended the full consequences of its Mayo2 and Myriad3 decisions. More than 20 amicus briefs were filed urging that certiorari be granted, and it was hoped that an appeal would provide an opportunity to better define the scope of patent eligibility as applied to therapeutic methods and recombinant technology.

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