On August 3, the United States Court of Appeals for the Federal Circuit (CAFC) denied a petition for rehearing en banc and issued a modified opinion, following a petition for rehearing filed by Ariosa in Illumina, Inc. v. Ariosa Diagnostics, Inc. Sticking closely to the reasoning of its March opinion, the CAFC reversed a decision by the United States District Court for the Northern District of California that claims of U.S. Patent Nos. 9,580,751 (the ’751 patent) and 9,738,931 (the ’931 patent) belonging to Sequenom and Illumina (Illumina) were invalid under 35 U.S.C. § 101 as being directed to an ineligible natural phenomenon.
Litigation
- Federal Circuit Clarifies Criteria for ‘Exceptionality’ Finding in Awarding Attorneys’ Fees
- CAFC Shoots Down Due Process Challenges to PTAB Structure
- SCOTUS Grants Government’s Request to Participate in Case Interpreting PRO IP Act Language on Copyright Invalidation
- In re Surgisil: Boon, Burden, or Mixed Bag for Patent Applicants and Patentees?
- ‘Grand Theft Auto’ Game Makers Score Win at CAFC with Non-Infringement Ruling
Recent Posts
- India’s Prius Judgment and Trans-Border Reputation of Trademarks
- Other Barks & Bites for Friday, October 15: TRIPS IP Waiver Negotiations Heat Up, CAFC Finds No Due Process Violations in Mobility Workx, and the Copyright Office Will Study Copyright Protections for News Publishers
- Federal Circuit Clarifies Criteria for ‘Exceptionality’ Finding in Awarding Attorneys’ Fees
- CAFC Shoots Down Due Process Challenges to PTAB Structure
- Brazil: Patent Law Amended to Allow for Compulsory Licensing of Patents