June 27, 2016
Today the U.S. Supreme Court denied Sequenom’s petition for a writ of certiorari in Ariosa Diagnostics, Inc. v. Sequenom, Inc. Accordingly, the Federal Circuit’s decision, discussed in our earlier alert here, remains in effect.
The Supreme Court also granted a writ of certiorari in Life Technologies Corp. v. Promega Corp. today. The Court will consider one of the issues raised in the certiorari petition: Whether the Federal Circuit erred in holding that supplying a single, commodity component of a multi-component invention from the United States is an infringing act under 35 U.S.C. § 271(f)(1), exposing the manufacturer to liability for all worldwide sales.Fitch Even attorneys are monitoring the Promega case and will report on the Court’s disposition in a future alert.