Sequenom Pushes Fed. Circ. To Bar Ariosa Prenatal Test

Law360, Washington (January 9, 2013, 4:27 PM EST) -- Sequenom Inc. urged a Federal Circuit panel on Wednesday to bar its competitor Ariosa Diagnostics Inc. from selling a noninvasive prenatal blood test even though the order could jeopardize Ariosa's existence, saying the prospect of catastrophic harm to a company's business shouldn't be a "get out of jail free" card for patent infringement.

Although a California federal judge ruled in July that granting Sequenom's preliminary injunction request would likely put Ariosa out of business, Sequenom told the Federal Circuit it is being significantly harmed by the...
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