CIIR at the US Supreme Court – University of Copenhagen

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26 April 2016

CIIR at the US Supreme Court

CIIR member Timo Minssen and New York attorney Robert M. Schwartz have co- authored a brief with 10 European and Australian Law Professors as amici curiae in the Sequenom v. Ariosa case, which was just filed at the US Supreme Court. The case concerns the revocation of  patent claims directed to inventive methods of genetic testing by detecting and amplifying paternally inherited fetal cell-free DNA (cffDNA) from maternal blood and plasma. Before the development of this highly beneficial, non-invasive prenatal diagnostic test, patients were placed at higher risk and maternal plasma was routinely discarded as waste. Distinguishing this case from previous Supreme Court decisions and highlighting the mitigating effects of other patent requirements, Timo Minssen and Robert Schwartz urge the Supreme Court to grant the petition for a writ of certiorari. In absence of sufficient public involvement and/or alternative incentives, they fear that the Federal Circuit’s decision jeopardizes the development of new therapies in an increasingly important area of modern medicine.

The Amici curiae have no stake in the parties or in the outcome of the case.

A full list of the Amici is appended at the end of the brief, which is available here.