ILLUMINA INC v. ARIOSA DIAGNOSTICS INC (2020)

United States Court of Appeals, Federal Circuit.

ILLUMINA, INC., Sequenom, Inc., Plaintiffs-Appellants v. ARIOSA DIAGNOSTICS, INC., Roche Sequencing Solutions, Inc., Roche Molecular Systems, Inc., Defendants-Appellees

2019-1419

Decided: August 03, 2020

Before Prost, Chief Judge, Newman, Lourie, Dyk, Moore, O'Malley, Reyna, Wallach, Taranto, Chen, and Hughes, Circuit Judges.*

Edward R. Reines, Christopher Shawn Lavin, Derek C. Walter, Attorney, Weil, Gotshal & Manges LLP, Redwood Shores, CA, Zachary Tripp, Weil, Gotshal & Manges, Washington, DC, for Plaintiffs-Appellants Daralyn Jeannine Durie, Attorney, David Floyd McGowan, Attorney, Laura Miller, Durie Tangri LLP, San Francisco, CA, for Defendant-Appellee Ariosa Diagnostics, Inc. Robert J. Gunther, Jr., Omar Khan, Christopher R. Noyes, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY, Thomas Saunders, Counsel, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for Defendants-Appellees Roche Sequencing Solutions, Inc., Roche Molecular Systems, Inc.

ORDER

Appellees Ariosa Diagnostics, Inc., Roche Sequencing Solutions, Inc., and Roche Molecular Systems, Inc. filed a combined petition for panel rehearing and rehearing en banc. A response to the petition was invited by the court and filed by appellants Illumina, Inc. and Sequenom, Inc. The petition for rehearing and response were first referred to the panel that heard the appeal, which granted the petition in part as indicated in the accompanying order. Thereafter, the petition was referred to the circuit judges who are in regular active service.

Upon consideration thereof,

It Is Ordered That:

1) The petition for rehearing en banc is denied.

2) The mandate of the court will issue on September 9, 2020.

Per Curiam.

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