Bloomberg Law
December 26, 2018, 5:46 PM UTCUpdated: December 26, 2018, 8:17 PM UTC

Roche, Ariosa Defeat Illumina on Prenatal DNA Test Patents (1)

Dana A. Elfin
Dana A. Elfin
Editor

Illumina Inc.'s patent infringement suit against Roche subsidiary Ariosa Diagnostics Inc. over fetal genetic trait detection patents hit a dead end.

Illumina’s patents were directed toward naturally occurring phenomena that can’t be patented in the first place, Judge Susan Illston of the U.S. District Court for the Northern District of California said in a Dec. 24 ruling. Because the patents were invalid, Illston granted Roche’s request to toss the suit.

The question of what’s an abstract idea or law of nature that can’t be patented is a major topic in life sciences, and the invalidation of a patent has ...

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