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Intellectual Property

Jul. 18, 2016

Biotech's hopes for answers dashed by the Supreme Court

For much of 2016, many in the biotech industry hoped that the court would revisit the issue — and presumably modify the standard — by granting certiorari in Sequenom Inc. v. Ariosa Diagnostics Inc. By Paul Schuck and Sony Barari

By Paul Schuck and Sony Barari

The question of what exactly the biotechnology industry can patent has been the focus of recent Supreme Court law and has ripened into an open industrywide debate. Two landmark Supreme Court decisions ? Mayo Collaborative Servs v. Prometheus Labs. Inc. (2012), and Alice Corp. v. CLS Bank International (2014) ? arguably raised the bar for what is patentable subject matter. Their collective holding...

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