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Illumina Suit Against Roche Over Prenatal DNA Tests Revived (1)

March 17, 2020, 3:51 PM

Illumina Inc. can pursue its lawsuit against Roche Holding AG’s Ariosa after a U.S. appeals court revived two patents on fetal DNA tests in a decision that could provide a road map for other diagnostic patents.

The Illumina patents, for a way to detect fetal DNA in the mother’s bloodstream, are not covering a natural phenomena so can get legal protection, the U.S. Court of Appeals for the Federal Circuit ruled in a 2-1 decision. It overturned a trial court decision that invalidated the patents.

Patents on medical diagnostic tests have been in limbo since a 2012 decision by ...