Although Sequenom has settled its dispute over U.S. Patent
6,258,540 with some parties (
as I noted here), its case against Ariosa Diagnostics, Inc.
remains active. Thus, we all should be waiting with bated breath to
see whether the Federal Circuit determines that the claims of the
Sequenom patent satisfy 35 USC § 101.
Dismissal Of Appeal No. 2014-1142
In late December, Verinata Health, Inc. and Sequenom (and the
other the appellants) filed a joint motion for remand of Appeal No.
2014-1142, so that the district court can give effect to those
parties' settlement. That motion was granted in an order dated
December 31, 2014.
Pendency Of Appeal Nos. 2014-1139, -1144
The joint motion made clear that the settlement did not impact
Appeal Nos. 2014-1139 and 2014-1144. Indeed, on December 22, 2014,
Ariosa filed a letter to the Federal Circuit citing the court's
recent decision in Myriad II (which I summarized
here and analyzed
here) as "additional authority relevant
