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ARTICLE · 01 OCTOBER 2013

IP Update, Vol. 16, No. 9, September 2013

McDermott Will & Emery
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Addressing a preliminary injunction filed by a defendant in a declaratory judgment action, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a lower court’s denial of a preliminary injunction on claim construction grounds, stating that equitable factors needed to be addressed on remand.

United StatesIntellectual Property
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Edited by Paul Devinsky and Rita Weeks

Patents/Preliminary Injunction

Preliminary Injunction Ordered Based on Appellate Claim Construction
Aria Diagnostics, Inc. v. Sequenom, Inc.
by Shane Smith

Addressing a preliminary injunction filed by a defendant in a declaratory judgment action, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a lower court's denial of a preliminary injunction on claim construction grounds, stating that equitable factors needed to be addressed on remand.  Aria Diagnostics, Inc. v. Sequenom, Inc., Case No. 12-1531 (Fed. Cir. Aug. 9, 2013) (Rader, C.J.)

Aria sought a declaration that its fetal DNA diagnostic test did not infringe any claim of Sequenom's exclusively licensed patent.  Sequenom counter-claimed for infringement and sought a preliminary injunction to prevent Aria from making, using or selling its test.  The asserted claim recited "[a] method for detecting a paternally inherited nucleic acid of

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