Full Fed. Circ. Won't Revisit Save Of Illumina DNA Patents

Law360 (August 3, 2020, 7:53 PM EDT) -- The full Federal Circuit on Monday refused to review a decision reviving two Illumina DNA test patents that a lower court had invalidated for claiming only a natural phenomenon, although the original panel revised its opinion to more fully explain its reasoning.

The appeals court denied a petition for en banc rehearing filed by accused infringers Ariosa and Roche, which had argued that the March panel decision was wrong because the patents are "indistinguishable" from others that have been found patent ineligible.

The full court did not disclose how it voted but said it made its decision after the three-judge panel...

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