ARIOSA DIAGNOSTICS, INC. v. SEQUENOM, INC.

Nos. 2014-1139, 2014-1144.

788 F.3d 1371 (2015)

ARIOSA DIAGNOSTICS, INC., Natera, Inc., Plaintiffs-Appellees DNA Diagnostics Center, Inc., Counterclaim Defendant-Appellee v. SEQUENOM, INC., Sequenom Center for Molecular Medicine, LLC, Defendants-Appellants Isis Innovation Limited, Defendant.

United States Court of Appeals, Federal Circuit.

June 12, 2015.


Attorney(s) appearing for the Case

David Isaac Gindler , Irell & Manella LLP, Los Angeles, CA, argued for plaintiff-appellee Ariosa Diagnostics, Inc. Also represented by Andrei Iancu; Amir Naini, Russ August & Kabat, Los Angeles, CA.

William Paul Schuck , Bartko, Zankel, Bunzel & Miller, San Francisco, CA, for plaintiff-appellee Natera, Inc., counterclaim defendant-appellee DNA Diagnostics Center, Inc.

Michael J. Malecek , Kaye Scholer LLP, Palo Alto, CA, argued for defendants-appellants. Also represented by Peter E. Root , Menlo Park, CA; Aton Arbisser , Los Angeles, CA.

Richard L. Blaylock , Pillsbury Winthrop Shaw Pittman LLP, San Diego, CA, for amicus curiae Invitae Corporation. Also represented by Kirke M. Hasson , Colin Travers Kemp , San Francisco, CA.

Kevin Edward Noonan , McDonnell, Boehnen Hulbert & Berghoff, LLP, Chicago, IL, for amicus curiae Biotechnology Industry Organization.

William Larry Respess, I , Sheppard, Mullin, Richter, & Hampton LLP, San Diego, CA, for amicus curiae The San Diego Intellectual Property Law Association.

Opinion for the court filed by Circuit Judge REYNA. Concurring Opinion file by Circuit Judge LINN.


This appeal is from a grant of summary judgment of invalidity of the asserted claims of U.S. Patent No. 6,258,540 ("the '540 patent"). The United States District Court for the Northern District of California found that the asserted claims of the '540 patent are not directed to patent eligible subject matter and are therefore...

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