The Sequenom petition continues to draw fire. There simply is no preemption of the use of any DNA in the Sequenom invention, but the Question Presentedcontains an admission that there is preemption, an admission that unnecessarily crosses the bright-line rule of Mayo Collaborative Servs. v. Prometheus Labs., Inc., 132 S. Ct. 1289, 1303 (2012).
A “Perfect” Test Case Gone Bad: A factually perfect test case has thus been transformed into a problematic vehicle as explained in the attached pdf version of this note.
Supreme Court vs. Federal Circuit Clarification: Is it better to have the Supreme Court address the problems of the flawed Federal Circuit decision below, and await a wild card result difficult to undo, or is it better to seek out an appropriate test case for the Federal Circuit to straighten out its interpretation of the case law?
Regards,
Hal