Gass Authors Law360 Article “How Sequenom Lost Patent Protection For Fetal DNA Test”
In “How Sequenom Lost Patent Protection For Fetal DNA Test,” published by Law360 on September 1, 2015, David A. Gass discusses Ariosa Diagnostics Inc. v. Sequenom Inc. In Sequenom, Court of Appeal for the Federal Circuit held that Sequenom’s breakthrough invention relating to non-invasive prenatal testing was ineligible for patent protection. Mr. Gass examines the roles of Congress, the courts, the Patent and Trademark Office, and the parties that led to this decision, which has potential ramifications for many areas of personalized medicine.
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David Gass is a partner and registered patent attorney at Marshall, Gerstein & Borun LLP. He has served biotechnology companies, universities, and research institutions for more than 22 years, helping develop and implement IP strategies for protecting and commercializing life-improving biotechnology inventions involving diagnostics and precision medicine, therapeutics and gene therapy, plant biotechnology, and many other technologies. He also counsels clients about IP licensing, maximizing patent term and patent life-cycle for products, and freedom-to-operate issues relative to the IP rights of others. His experience before the USPTO includes inter partes proceedings and appeals.