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ARIA DIAGNOSTICS, INC. v. SEQUENOM, INC.

No. 2012-1531.

726 F.3d 1296 (2013)

ARIA DIAGNOSTICS, INC., Plaintiff-Appellee, v. SEQUENOM, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 9, 2013.

Attorney(s) appearing for the Case

David I. Gindler , Irell & Manella LLP, of Los Angeles, CA, argued for plaintiff-appellee. With him on the brief were Andrei Iancu , Amir Naini , Lina F. Somait and Jason W. Sullivan.

Michael J. Malecek , Kaye Scholer, LLP, of Palo Alto, CA, argued for defendant-appellant. With him on the brief were Stephen C. Holmes and Jonathan M. Rotter.

Before RADER, Chief Judge, DYK, and REYNA, Circuit Judges.

RADER, Chief Judge.

Aria Diagnostics, Inc., now known as Ariosa Diagnostics, Inc. (Ariosa) sought a declaration that its Harmony test did not infringe any claim of U.S. Patent No. 6,258,540 (the '540 patent), owned by defendant Isis Innovation Limited (Isis) and licensed by Isis exclusively to Sequenom, Inc. (Sequenom). Sequenom counterclaimed, alleging that Ariosa's Harmony test infringes the '540 patent. The United States...

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