Sequenom, Inc. v Ariosa Diagnostics, Inc. [2019] FCA 1011

Sequenom, Inc. v Ariosa Diagnostics, Inc. [2019] FCA 1011

The asserted claims of the Sequenom patent are patentable subject matter as they claim a new and inventive method of detecting cffDNA using artificial processes involving human intervention, not merely a natural phenomenon. The invention is sufficiently described and enabled for at least one embodiment. The Harmony Test falls within the scope of the relevant claims and thus infringes, except for claim 26, which is invalid for lack of fair basis. The respondents' arguments for invalidity and non-infringement are rejected based on the construction, the evidence, and orthodox application of Australian patent law to the facts found.

Jurisdiction
Australia
Judgment Date
27 June 2019
Procedural Posture
Patent Infringement and Revocation / Final Judgment – Trial on Liability
Outcome
Applicant succeeded in infringement case save for claim 26; respondents' invalidity case failed except as to claim 26 (invalid for lack of fair basis).
Legal Topics
['patents' 'manner of Manufacture' 'inventive Step' 'sufficiency' 'utility' 'patent Infringement' 'fair Basis' 'false Suggestion']
['intellectual Property'] ['patents' 'manner of Manufacture' 'inventive Step' 'sufficiency' 'utility' 'patent Infringement' 'fair Basis' 'false Suggestion']

Case Brief

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Procedural Posture

Patent Infringement and Revocation / Final Judgment – Trial on Liability

Legal Issues

  1. 1 ['Is the invention claimed in the patent a manner of manufacture under Australian patent law?' 'Are the relevant claims invalid for lack of inventive step, lack of utility, lack of sufficiency, lack of fair basis, or false suggestion?' "Does the respondent's (Ariosa et al) Harmony Test infringe the asserted claims of the patent?"]

Ratio Decidendi

The asserted claims of the Sequenom patent are patentable subject matter as they claim a new and inventive method of detecting cffDNA using artificial processes involving human intervention, not merely a natural phenomenon. The invention is sufficiently described and enabled for at least one embodiment. The Harmony Test falls within the scope of the relevant claims and thus infringes, except for claim 26, which is invalid for lack of fair basis. The respondents' arguments for invalidity and non-infringement are rejected based on the construction, the evidence, and orthodox application of Australian patent law to the facts found.

Court Disposition

Applicant succeeded in infringement case save for claim 26; respondents' invalidity case failed except as to claim 26 (invalid for lack of fair basis).

Orders

  • ['Within 21 days, applicant to file and serve minutes of orders and short submissions on costs and further conduct.' 'Within 14 days thereafter, respondents to file and serve short responding submissions.' "Interim confidentiality order extended until further order, save for the Court's reasons for judgment."...