Sequenom, Inc. v Ariosa Diagnostic, Inc. [2019] FCA
1011, is a recent Australian Federal Court decision, which has been
widely reported on, with writers predominantly focusing on aspects
of validity (whether or not the invention claimed was a manner of
manufacture) and infringement. This article however, focuses on the
lesser reported aspect of the decision relating to infringement of
the patent.
In short, Sequenom holds a patent comprising a series of method
claims directed toward a prenatal detection method using
non-invasive techniques. Co-respondent, Ariosa, developed the
Harmony non-invasive prenatal test some 15 years after the priority
date of the patent. Aspects of the Harmony Test were found to
infringe the claims of the patent.
