Facts

Ariosa Diagnostics Inc. fka Aria Diagnostics Inc. filed for declaratory judgment against Sequenom Inc. for infringement. Sequenom filed a counter-claim against Aria.

Both sides filed cross motions for summary judgment whether the claims under Patent '540 were drawn to patent-eligible subject matter given that "laws of nature, natural phenomena, and abstract ideas" are not patentable.

PLAINTIFF'S CONTENTIONS:
Aria developed a non-invasive pre-natal test called the Harmony Test, using cell-free DNA that circulate in the blood of a pregnant woman. The test was developed to find out chromosomal abnormalities in a fetus. Aria sought a declaratory judgment that its activities relating to this test do not or will directly infringe or contribute to or induce the infringement of any claim under U.S. Patent No. 6,258,540 (Patent '540). Aria was informed and alleged that Sequenom was the exclusive licensee of all substantial rights to Patent '540, entitled "Non-Invasive Prenatal Diagnosis."

DEFENDANT'S CONTENTIONS:
Sequenom maintained that anyone who performs a non-invasive pre-natal testing using cell-free DNA circulating in the blood of a pregnant woman would infringe the '540 patent. Sequenom denied Aria's other allegations, and asserted various affirmative defenses. In addition, Sequenom filed a counter-claim against Aria and Isis Innovation Ltd., a nonminal counterclaim-defendant. Sequenom brought one count of patent infringement against Aria for infringing on Patent '540. Sequenom also filed a motion for preliminary injunction, seeking to enjoin Aria from making, using, selling, or offering for sale, or importing into the U.S. the Harmony Prenatal Test.

Both sides filed cross motions for summary judgment.

Result

U.S. District Judge Susan Illston granted Aria's motion for summary judgment and denied Sequenom's cross motion for summary judgment. Judge Illston found that Aria met the burden of proving that certain of its claims under the '540 patent were not patent-eligible, and were therefore, invalid.