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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Supreme Court

Nature of Suit

Date Filed

July 24, 2018

Law Firms


Government Agencies