Supreme Court Turns Down Sequenom’s Patent Petition

By Ron Shinkman, Editor, Laboratory Industry Report

Sequenom, engaged in a Hail Mary legal effort to protect a patent previously invalidated by legal action, confirmed this week that the U.S. Supreme Court turned down its petition for a review.

The San Diego-based Sequenom had been trying to get a hearing regarding what was known as the “540 patent” surrounding its MaterniT21 test. It is used to analyze cell-free fetal DNA in a mother’s blood to diagnose genetic conditions.

A 2012 case before the high court led to the invalidation of two test-related patents held by Prometheus Laboratories regarding the use of metabolite levels in the bloodstream to guide the dosage levels of certain drugs. The court decided that the process merely described a law of nature and a “well-understood, routine, conventional activity.”

The following year, federal courts invalidated the Sequenom patent based on the same legal rationale. The company’s petition had essentially asked the Supreme Court to narrow the application of the “routine, conventional activity” rationale.

“We are disappointed that the Supreme Court denied our petition and will not review the patent eligibility of the groundbreaking techniques embodied in the ‘540 Patent,” said Sequenom Chief Executive Officer Dirk van den Boom in a statement.” We believe that the Supreme Court missed an ideal opportunity to clarify patent eligibility criteria not only to protect the significant investments made by Sequenom but also by other innovative organizations to advance the standard of patient care and treatment.  We fear this decision will discourage such investments in the future.”

The company’s finances have taken a hit since the 2013 decision. For the first quarter of 2016, its revenues were down 27 percent compared to the first quarter of 2015, and it reported a $13.4 million loss compared to net income of $14.3 million.