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Medical Device Daily quotes Konstantin Linnik in “Hold the Mayo? Patent on groundbreaking test swept aside”

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Konstantin Linnik, Ph.D., a partner in the firm's Intellectual Property Department and Life Sciences practice group, was quoted in “Hold the Mayo? Patent on groundbreaking test swept aside” in Medical Device Daily on June 16. Following the sweeping two-step test the Supreme Court laid out in Mayo Collaborative Services Inc. v. Prometheus Laboratories Inc., the Federal Circuit last week invalidated a method patent protecting Sequenom's prenatal DNA test for claiming a natural phenomenon.

Konstantin notes the Federal Circuit's decision in Ariosa Diagnostics Inc. v. Sequenom Inc. is a disappointment for diagnostics and drugmakers. "There was some glimmer of hope before this decision that the Federal Circuit would restrict" the impact of Mayo, said Konstantin Linnik. "That hope has gone away," he added, noting that last week's decision brought home the reality of the situation created by Mayo and the patent restrictions it imposes on valuable discoveries.

Linnik called the Sequenom decision an unfortunate result of Mayo, "not only for the diagnostic industry, but for the healthcare industry at large, especially in view of the fact that diagnostics are playing an increasingly important role in practically every therapeutic area."

One solution Linnik sees, aside from legislation correcting the Supreme Court's broad sweep, is a narrower drafting of claims involving natural phenomenon.

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