Illumina, Inc. v. Ariosa Diagnostics, Inc.

Full title: ILLUMINA, INC., SEQUENOM, INC., Plaintiffs-Appellants v. ARIOSA…

Court: United States Court of Appeals for the Federal Circuit

Date published: Aug 3, 2020

2019-1419 (Fed. Cir. Aug. 3, 2020)

Opinion

2019-1419

08-03-2020

ILLUMINA, INC., SEQUENOM, INC., Plaintiffs-Appellants v. ARIOSA DIAGNOSTICS, INC., ROCHE SEQUENCING SOLUTIONS, INC., ROCHE MOLECULAR SYSTEMS, INC., Defendants-Appellees

PER CURIAM.

NOTE: This order is nonprecedential. Appeal from the United States District Court for the Northern District of California in No. 3:18-cv-02847-SI, Senior Judge Susan Y. Illston.

ON PETITION FOR REHEARING EN BANC

Before PROST, Chief Judge, NEWMAN, LOURIE, DYK, MOORE, O'MALLEY, REYNA, WALLACH, TARANTO, CHEN, and HUGHES, Circuit Judges.^* PER CURIAM.

* Circuit Judge Stoll did not participate. --------

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.

FOR THE COURT August 3, 2020

Date

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court