March 1st is the deadline for a certiorari petition in a case expected to be styled as Sequenom, Inc. v. Ariosa Diagnostics, Inc., seeking review of Ariosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371 (Fed. Cir. 2015).
A New Approach is Needed: A new approach is suggested differing from the arguments at the Federal Circuit, as explained in the attached excerpt from the monograph, FIRST TO FILE PATENT DRAFTING. The new approach creates a pathway that clearly is clearly distinguished from the recent Supreme Court patent eligibility case law.
A Deadend Path with Old Arguments at the Federal Circuit: It is problematic whethercertiorari would be granted if the arguments taken at the Federal Circuit are rehashed at the Supreme Court.