Patent Eligible Subject Matter After Mayo: Federal Circuit Invalidates Diagnostic Test Patent

Declaratory Judgement, Uncategorized

Last week, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a district court finding that the asserted claims of a prenatal diagnostic testing method patent are not directed to patent eligible subject matter and are therefore invalid under § 101. The Patent. The patent at issue (the ‘540 patent) involves a technology…

Federal Circuit Finds a Role for Extrinsic Evidence Post-Teva

Claim Construction, Invalidity, Non-infringement, Uncategorized

Last week, in Virginia Innovation Sciences (“VIS”) v. Samsung, the Federal Circuit provided some indication of the circumstances under which it would defer to a district court’s evaluation of extrinsic evidence in the post-Teva world.  We have previously written about the Supreme Court’s 2015 Teva v. Sandoz opinion, which overturned long-standing precedent, holding that while…