Opinion
2012-1531
09-28-2012
ARIA DIAGNOSTICS, INC., Plaintiff-Appellee, v. SEQUENOM, INC., Defendant-Appellant.
NOTE: This order is nonprecedential.
Appeal from the United States District Court for the Northern District of California in case no. ll-CV-6391, Judge Susan Illston.
ON MOTION
Before DYK, Circuit Judge.
ORDER
Sequenom, Inc. moves for the court to take judicial notice of a published United States patent application. Aria Diagnostics, Inc. opposes.
Judicial notice may be appropriate with respect to public documents since they are generally known or capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. Fed. R. Evid. 201. However, the relevance of such materials is left to the discretion of the merits panel.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted.
(2) A copy of this order shall be transmitted to the merits panel assigned to hear this case
FOR THE COURT
_________________
Jan Horbaly
Clerk
cc: Michael J. Malecek, Esq.
David Isaac Gindler, Esq.
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