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ARTICLE · 23 SEPTEMBER 2013

Aria Diagnostics, Inc. v. Sequenom, Inc.

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While the facts may show that damages would be reparable, this assumption is not sufficient [for purposes of a preliminary injunction analysis].

United StatesIntellectual Property
Lawrence Sung
Lawrence Sung
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While the facts may show that damages would be reparable, this assumption is not sufficient [for purposes of a preliminary injunction analysis]. In the face of that kind of universal assumption, patents would lose their character as an exclusive right as articulated by the Constitution and become at best a judicially imposed and monitored compulsory license.

On August 9, 2013, in Aria Diagnostics, Inc. v. Sequenom, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader,* Dyk, Reyna) vacated and remanded the district court denial of a preliminary injunction enjoining Aria from making, using or selling its Harmony test that Sequenom alleged infringed U.S. Patent No. 6,258,540, which related to the identification of fetal genetic defects by analyzing maternal plasma or serum for non-nucleated free-floating fetal DNA (cffDNA). The Federal Circuit stated:

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