Solicitor General Tells Justices To Skip Roche Patent Appeal
Law360 (May 21, 2019, 11:30 PM EDT) -- The federal government on Tuesday urged the U.S. Supreme Court to pass up the chance to weigh in on a dispute between Roche unit Ariosa Diagnostics and Illumina Inc. over what constitutes prior art for patents granted before the America Invents Act.
Solicitor General Noel J. Francisco said in a brief to the high court that the two genetic testing companies are arguing over a provision of federal patent law — specifically 35 U.S. Code Section 119 — that doesn't apply to determinations about what constitutes prior art.
The companies' fight over a prenatal testing technology patent ended up before the...
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