SG Deviated From Set Patent Law, Ariosa Warns Justices

Law360 (June 4, 2019, 8:58 PM EDT) -- The solicitor general's office introduced an alarming interpretation of the Patent Act when it urged the U.S. Supreme Court not to take up a case over what part of a patent constitutes prior art, Ariosa Diagnostics Inc. said Tuesday.

The Roche Holding AG unit is taking issue with how the government treats the priority date of patents that incorporate provisional applications. For decades, if a patent owner got to use the provisional application's date to claim its right to the invention, then someone citing the patent as prior art could use that date too. But now, the solicitor general's office said,...

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