CPIP Leads Charge in Urging Federal Circuit to Protect Modern Innovation

 
ARLINGTON, Va. - Aug. 28, 2015 - PRLog -- In an amicus brief filed yesterday with the U.S. Court of Appeals for the Federal Circuit, twenty-three law professors specializing in patent law and policy ask the entire federal appellate court to reconsider the panel decision in Ariosa v. Sequenom.

The amicus brief was co-authored by Dr. Kevin Noonan of McDonnell Boehnen Hulbert & Berghoff LLP and Professor Adam Mossoff of George Mason University School of Law.

Professor Mossoff is Director of Academic Programs and Senior Scholar at the law school’s Center for the Protection of Intellectual Property (CPIP). Among the law professors who joined the amicus brief are CPIP Senior Scholars Chris Holman, Sean O’Connor, Kristen Osenga, and Mark Schultz.

Professor Chris Holman also filed an amicus brief on behalf of BIO and PhRMA.

In mid-June, a three-judge panel of the Federal Circuit struck down Sequenom’s patent for the noninvasive diagnosis of prenatal abnormalities, marketed as the MaterniT21 Plus NIPT.

Sequenom is now asking the entire Federal Circuit to reconsider that decision, arguing that the panel misapplied the Supreme Court’s test for what constitutes a patentable invention.

The amicus brief written by Dr. Noonan and Prof. Mossoff also urges the full Federal Circuit to reexamine the case in order to correct the panel’s mistaken application of the relevant law.

They note that the “development and commercialization of prenatal genetic diagnostic tests is exactly the type of twenty-first-century innovation the patent system is designed to promote” and that the property rights granted to inventors under the patent system are what make the large investment of resources for research and development possible.

Furthermore, they point out that many iconic patents, such as Samuel Morse’s telegraph and Alexander Graham Bell’s telephone, would likely be struck down under the panel’s reasoning.

The amicus brief is available at: http://cpip.gmu.edu/wp-content/uploads/2015/08/Ariosa-v-S...

About the Center for the Protection of Intellectual Property

The Center for the Protection of Intellectual Property (CPIP) at George Mason University School of Law is dedicated to the scholarly analysis of intellectual property rights and the technological, commercial, and creative innovation they facilitate.

CPIP website: http://cpip.gmu.edu/

Media Contact
Devlin Hartline
jhartli2@gmu.edu
703-993-8086
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Page Updated Last on: Aug 28, 2015
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