Full Fed. Circ. Urged To Rethink Illumina Patent Challenge

Law360 (February 27, 2018, 7:57 PM EST) -- The Electronic Frontier Foundation has thrown its support behind Ariosa Diagnostics Inc.’s request for a full Federal Circuit rehearing of an affirmed Patent Trial and Appeal Board decision the nonprofit argues is contrary to both the Patent Act and public policy.

Ariosa asked the full Federal Circuit earlier this month to take another look at a circuit panel’s one-page December ruling that upheld a PTAB decision that terminated three patent re-examinations Ariosa had requested of an Illumina Inc. diagnostic patent. The PTAB found that Ariosa’s requests...
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