Prospective amici in support of petitioner in Sequenom, Inc. v. Ariosa Diagnostics, Inc., Supreme Court No. 15A871, would do well to defer a final decision whether to join this case as amici until after they study the petition and its Question Presented.

Fatal Flaw, a Shift in the Question Presented:  The Question Presented locks into place the scope of the arguments that may normally be made on the merits.  Izumi Seimitsu Kogyo K.K. v. U. S. Philips Corp.,  510 U.S. 27 (1993)(per curiamdismissal for improvident grant of certiorari), represents a graphic example showing the critical nature of the Question Presented, as more fully explained in the attached pdf version of this note.

SequenomPDFMarch1

Regards,
Hal