News & AnalysisIntellectual Property

California Moves Shake Up Prenatal Gene Testing Market

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Science  08 Nov 2013:
Vol. 342, Issue 6159, pp. 680
DOI: 10.1126/science.342.6159.680

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Sequenom's 2001 patent on a method of isolating fetal DNA from a mother's bloodstream to test for Down syndrome was thrown out by a U.S. court in San Francisco. Judge Susan Illston rested her decision in part on the recent Supreme Court ruling that natural phenomena like genes cannot be patented. Illston also wrote that Sequenom's patented idea was not sufficiently inventive.