Sequenom Comments On U.S. Court Of Appeals For The Federal Circuit Ruling On '540 Patent

SAN DIEGO, June 12, 2015 /PRNewswire/ -- Sequenom, Inc. SQNM, a life sciences company committed to enabling healthier lives through the development of innovative products and services, today issued a statement on the ruling by the U.S. Court of Appeals for the Federal Circuit on the Company's U.S. Patent No. 6,258,540 ("'540 Patent").

The U.S. Court of Appeals for the Federal Circuit today upheld the ruling of the United States District Court for the Northern District of California that the claims of the Company's '540 patent are not patent eligible under the patent eligibility criteria established by the Supreme Court's Mayo Collaborative Services v. Prometheus Laboratories decision.

In a concurring opinion, Circuit Judge Richard Linn wrote that he joined the decision "only because I am bound by the sweeping language of the test set out in Mayo…."  He concluded that, but for that language, "I see no reason, in policy or statute, why this breakthrough invention [as claimed in the '540 Patent] should be deemed patent ineligible." 

As a practical matter, the Company believes that the ruling has little business impact, as it has been operating under the District Court's invalidity ruling since October 2013, and due to the pooling arrangement of NIPT intellectual property entered into with Illumina, Inc. in December 2014.  In addition, valid and enforceable patents with claims equivalent to those of the '540 Patent are issued in Europe, Japan, Hong Kong, Canada and Australia.  

The Company understands that patent eligibility under 35 U.S.C. section 101 is an emerging and complex set of issues and is considering its options for further appeal.

About Sequenom 
Sequenom, Inc. SQNM is committed to enabling healthier lives through the development of innovative products and services.  The Company serves patients and physicians by providing early patient management information.  To learn how Sequenom is interpreting the genome to improve your life, visit www.sequenom.com.

Forward-Looking Statements 

Statements contained in this press release regarding matters that are not historical facts are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995, including statements regarding the development of innovative products and services and the expected impact of the Court's decision.  Because such statements are subject to risks and uncertainties, actual results may differ materially from those expressed or implied by such forward-looking statements.  Risks are described more fully in the Company's filings with the Securities and Exchange Commission, including without limitation the Company's most recent Quarterly Report on Form 10-Q and other documents subsequently filed with or furnished to the Securities and Exchange Commission.  All forward-looking statements contained in this press release speak only as of the date on which they were made.  The Company undertakes no obligation to update such statements to reflect events that occur or circumstances that exist after the date on which they were made.

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SOURCE Sequenom, Inc.