We have an update to our prior blog post relating to Sequenom v. Ariosa Diagnostics. On June 27, the Supreme Court denied certiorari to Sequenom, Inc. As such, the application of § 101 in the biotech and life sciences space remains cloudy. The denial was issued despite the overwhelming support Sequenom had from science and technology companies and organizations. Over twenty amicus briefs in support of the petition for certiorari were filed. Links to those briefs can be found through the Kaye Scholer website, which was one of the firms who sought the petition for a writ of certiorari on behalf of Sequenom.
The denial, while not helping to provide clarity, does suggest that the Supreme Court is not yet ready to reconsider its ruling in Mayo Collaborative Servs. v. Prometheus Labs. At least for now, it seems the best way to challenge the application of § 101 in the biotech and life sciences space is to focus on Congress, and continue to seek certiorari in other cases which involve similar issues as presented in Sequenom.
Image via www.supremecourt.gov.