As the April 1st certiorari deadline approaches in Sequenom, Inc. v. Ariosa Diagnostics, Inc., Supreme Court No. 15A871, the underlying facts seemingly compel industry amici support to make sure that the case reaches the merits stage at the Supreme Court.
But, the real issue for prospective amici at this stage is whether an appropriateQuestion Presented is raised by petitioner – and whether the record supports an appeal on the issue raised. Filing as amicus just to participate is most dangerousat this stage.
The pdf version of this note explores reasons to file as amicus at the certioraristage – and reasons not to file (while, of course, filing at the merits stage would be important in any event).
Doubling Down, What Could be Worse than the Ariosa decision? A sobering view is presented in the pdf version of this note. Do we need yet another “Bilski” when there are other options that are open?
The Supreme Court as a Patent-Friendly Forum: Statistics are provides that provide a yet even more sobering view.