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Sequenom Inc. Message Board

  • prudenttrader7 prudenttrader7 Aug 30, 2013 8:31 AM Flag

    Courtenay Brinkerhoff of Foley & Lardner LLP Comments On Sequenom V. Ariosa

     

    She states that she see's no way the 540 could be invalid with the claims under 35 USC 101. If her opinion holds could be very good news for Sequenom shareholders as this would be the only thing to stop an injunction.

    Sentiment: Strong Buy

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    • Sequenom won't even have to do another cash raise either.

      Sentiment: Strong Buy

    • Foley & Lardner LLP; i believe also protected Hard Rock trademark (not sure if they still do).
      Bunch of good folks over there.

      -Hapi

      Sentiment: Strong Buy

    • Trial could take place as early as April of 2014.

      Sentiment: Strong Buy

    • This would be a big win.

    • Hoping she is right.

      Sentiment: Strong Buy

    • pru--no offense, but Courtenay is NOT the decider. An "opiner", yes. A friend of law and a friend of SEQ, heck yes.

      My sense, the Appeals panel said to Ilston-- you didn't even flesh out claims construction, therefore WE have nothing to really rule on. Ilston did what she did (originally) because she didn't really know what she was looking at.

      So all that has happened is the lawyers made millions, Ariosa made many millions and SEQ has been badly hurt by the uncertainty in the market.

      No doubt, the entire NIPT competition-scape is targeting SEQ. as they all know the 540 is LAW and likely to hold...meanwhile, they hope SEQ weakens to a point that it can be taken over. Jaybo is licking his chops, Ariosa is lining up money-backers. Natera is out in the desert hoping to sneak by and judges don't quite understand all the ins and outs. As the DUDE would say, "...alot of ins and outs, its a complicated case."

      I see a potential positive out of the myriad ruling that torpedos Ariosa's capture of nature arguement. The real battle is veri's claim they were first/ LO copied. Those are the threats.

      Meanwhile, SEQ. needs to toughen up its marketing plan, keep pushing IVD sub, keep working its partnerships (combi!!!!!!) and cut spending, finalize more lives covered and continue to hold the leadership position.

      The typical cross fire in a western shootout stars the good guy pinned down by at least 2 bad guys firing from at least a 45 degree angle...in the NIPT shoot out, we have at least 3 bad guys firing from at least 5 angles.
      Stay Strong SEQ. and continue to bowl overhanded!!!!!!

      Indy

      Sentiment: Strong Buy

      • 4 Replies to individuaione
      • Looking for someone to make a bet that defendants don't try to make a deal before going to trial in 2014. They know their going to lose at that point. Ariosa and Natera in over their heads.

        Sentiment: Strong Buy

      • Agreed. Illstoin was ill qualified for a VERY complex task and for this and OTHER reasons should have recused herself from this case. Hopefully, she didn't get to be a judge without the emotional maturity to admit it when she's wrong. She's hurt a lot of people here and needs to rectify her wrongs as soon as possible. (and Im not just talking about sharehoders, she actions have destroyed faith in our patent law and system of legal enforcement as well. This opens the door for countless abuses by companies outside of the US today. To disregard the over all concept of intellectual property patent rights, with first to file priority, flaunts contempt in the face of all that is America. Please, Judge Illston, end the harm you have done by recusing yourself from this case!

        Sentiment: Strong Buy

      • No offense individual but I didn't say she was. So yes I take offense to your comment as I don't know what your trying to start.

        Sentiment: Strong Buy

      • ""I see a potential positive out of the myriad ruling that torpedos Ariosa's capture of nature arguement. The real battle is veri's claim they were first/ LO copied. Those are the threats. ""
        Sorry Indi, speaking of guns you have been deemed a useless Lab Retriever.
        Don't sink to that level.
        The REAL fight is the 540. I don't care how many guns you have, Rader just proved there is only one sheriff.

        Sentiment: Strong Buy

    • Folks, if you want to read the particular article she wrote, dated Aug 12, 2013, highlight the title in Pru's, above msg, copy and paste it on your google search line. Should bring up the website of her article, etc. It was the first website listed per my google. The website is titled "Sequenom Down Syndrome Test Patent Gets Myriad Remand ...".

      Highlights/takeaways I gleaned were (other than what Pru said):

      - Per her, no way, no how does this case bring it under the Supreme Court-ruled cases regarding Myriad and Mayo v. Prometheus (which coincides with Rbattman's opinion (hear that Ezzy?))

      - she was perplexed as to why the FC didn't criticize the DC over whether the subject matter of the asserted claims was to eligible subject matter (My theory, which is a shot in the dark, maybe the FC felt they pummelled Illston enough, and threw her a bone to figure the rest out on her own?, again, just a guess)
      GLTA, Bud

      Sentiment: Strong Buy

    • Yet we can not crack $3. A long way off from $8.50+ or even $4.71.

    • Thanks real Pru : ) and Bud too! Good posts to start this long weekend

    • (Pt 2 of 2)

      Ms. Brinckerhoff graduated from the University of Virginia with a B.S. in chemistry, with distinction, in 1988 and was elected to Phi Beta Kappa. In 1988, Ms. Brinckerhoff received an award for outstanding achievement in chemistry from the Virginia Section of the American Chemical Society.

      Ms. Brinckerhoff has been following U.S. patent reform since its inception, and she and other Foley colleagues recently co-authored the treatise, America Invents Act: Law & Analysis (Wolters Kluwer 2012). The interface between patent law and FDA law is another area of interest to Ms. Brinckerhoff, who has written and spoken on issues, including patent term extensions, the scope of the Hatch-Waxman “safe harbor,” the ANDA litigation framework, and the new follow-on biologics framework.

      Ms. Brinckerhoff regularly contributes to the "Genes & Patents" column of Genetic Engineering News, and writes and speaks on topics important to clients in the chemical, biotechnological, pharmaceutical, food, nutraceutical and medical device industries.

      PS She's got my vote for the SQNM "Legal Beagle of the Month" award!!! (with all due respect Rbattman)

      Sentiment: Strong Buy

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