United States Federal Circuit

In an action brought by plaintiff seeking a declaration that its Harmony test did not infringe any claim of defendant's '540 patent, which discloses methods to identify fetal genetic defects, the district court's denial of defendant's motion for a preliminary injunction to prevent plaintiff from making, using, or selling that test is vacated and remanded, where the district court: 1) incorrectly interpreted the asserted claims; 2) must examine subject matter eligibility in the first instance in light of Association for Molecular Pathology v. Myriad Genetics, Inc., 133 S. Ct. 2107 (2013); and 3) improperly balanced factors regarding issuance of a preliminary injunction.

Appellate Information

• Decided 08/09/2013
• Published 08/09/2013

Judges

• RADER

Court

• United States Federal Circuit

Counsel