This court has considered the other arguments presented by Ariosa, but does not find them persuasive.
Accordingly, this court reverses and remands this case to
the district court for further proceedings consistent with
""This court has considered the other arguments presented by Ariosa, but does not find them persuasive""
if the arguments are not persuasive to the highest court then someone do something about it.
Sentiment: Strong Buy
I just wanted to clarify one thing for everyone on the board:
"Sequenom asks the Court to stay the litigation as to Verinata’s separate patents (the ‘017/’018/’415 patents) if the Court grants Ariosa’s motion to stay litigation on the ‘540 patent. Sequenom argues the stay is warranted because the PTO recently declared “interferences” between Verinata’s ‘017 and ‘018 patents and a patent application filed by the inventor of the ‘540 patent (which are all licensed to Sequenom). Ariosa supports the contingent motion and Natera takes no position. Verinata opposes the contingent stay, arguing there is no need to stay because its patents are wholly unrelated to the ‘540 patent. With respect to the interferences, Verinata argues it should not be precluded from asserting its patents during the lengthy interference proceedings which, if successful, will only lead to an appeal from the PTO to a federal district court, and thereby negate any potential efficiencies from staying this case in light of the interference proceedings."
Not at all. They said the district court made a mistake in one of the proposed claims constructions and if that claim were construed the way the appelate construess it, one of the bases under which Illinois denied the appeal is removed. She now has to reconsider the case with this instruction on that one element of the arguments. The appelate did NOT direct an outcome of any kind, which I gather they were entitled to do.
Court of appeals didn't like Ariosa's arguments on four points. But without going deeper into that discussion the district judge will have to determine if the 540 patent is invalid or valid to determine if there is a patent infringement along with price erosion and harm to Sequenom as a result. After reading the case the price erosion and irreparable harm will be easy to make. It will clearly come down to whether the patent is valid or invalid. If the district judge determines that Sequenom will be successful in defending the valid patent then Ariosa as quoted by Ariosa's own attorney will be out of business.
Sentiment: Strong Buy