Law360 quotes Konstantin Linnik in “Even Breakthrough Patents Can Be Invalid, Sequenom Shows”Print PDF
Konstantin Linnik, Ph.D., a partner in the firm's Intellectual Property Department and Life Sciences practice group, was quoted in “Even Breakthrough Patents Can Be Invalid, Sequenom Shows” in Law360 on June 16. The article discusses the Federal Circuit’s recent decision, which ruled that Sequenom Inc.'s patent for prenatal DNA tests is invalid for claiming a natural phenomenon. The ruling makes it clear that many medical and biotechnology patents are at risk from the U.S. Supreme Court's Mayo and Myriad rulings, even those involving groundbreaking innovations.
The law surrounding patent-eligible subject matter is in flux following the Supreme Court's decisions, "which leads to unpredictable results and a lot of bad outcomes, and this is a good example of a bad outcome," said Konstantin Linnik.
"The decision undermines a significant number of patents that were suspect under Mayo v. Prometheus to begin with, but this just solidifies that," he said.