In Sequenom, Inc. v. Ariosa Diagnostics, Inc., Supreme Court No. 15-1182, proceedings below sub nomAriosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371 (Fed. Cir. 2015), petitioner’s Question Presented asks:
“Whether a novel method is patent-eligible where: (1) a researcher is the first to discover a natural phenomenon; (2) that unique knowledge motivates him to apply a new combination of known techniques to that discovery; and (3) he thereby achieves a previously impossible result without preempting other uses of the discovery.”
Certiorari Decision before the end of June: A vote whether to grant certiorari is expected before the end of the current Term that runs through the end of June. If granted, the case would be argued most likely late Fall or early Winter with a decision before the end of June 2017.
The Question Presented makes grant problematic, but not impossible.