No. 18-109

Ariosa Diagnostics, Inc. v. Illumina, Inc.

Lower Court: Federal Circuit
Docketed: 2018-07-24
Status: Denied
Type: Paid
CVSGAmici (3)Response WaivedRelisted (2) Experienced Counsel
Tags: 35-usc-102 35-usc-119 disclosure federal-circuit filing-date patent patent-application patent-law patent-prior-art prior-art priority subject-matter
Key Terms:
Patent Trademark Privacy JusticiabilityDoctri
Latest Conference: 2019-06-20 (distributed 2 times)
Question Presented (AI Summary)

Unclaimed disclosures in a published patent application and an earlier application it relies on for priority enter the public domain and thus become prior art as of the earlier application's filing date

Question Presented (from Petition)

question presented is: Do unclaimed disclosures in a published patent application and an earlier application it relies on for priority enter the public domain and thus become prior art as of the earlier application’s filing date, or, as the Federal Circuit held, does the prior art date of the disclosures depend on whether the published application also claims subject matter from the earlier application? @

Docket Entries

2019-06-24
Petition DENIED.
2019-06-04
DISTRIBUTED for Conference of 6/20/2019.
2019-06-04
Supplemental brief of petitioner Ariosa Diagnostics, Inc filed. (Distributed)
2019-06-04
Supplemental brief of respondent Illumina, Inc filed. (Distributed)
2019-05-21
Brief amicus curiae of United States filed.
2018-10-29
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2018-10-10
DISTRIBUTED for Conference of 10/26/2018.
2018-10-09
Reply of petitioner Ariosa Diagnostics, Inc filed.
2018-09-24
Brief of respondent Illumina, Inc in opposition filed.
2018-08-23
Brief amici curiae of Intellectual Property Law Professors filed.
2018-08-22
Brief amici curiae of Electronic Frontier Foundation and R Street Institute filed.
2018-08-17
Waiver of right of respondent United States to respond filed.
2018-08-15
Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018.
2018-08-09
Motion to extend the time to file a response from August 23, 2018 to September 24, 2018, submitted to The Clerk.
2018-08-09
Blanket Consent filed by Petitioner, Ariosa Diagnostics, Inc.
2018-07-11
Petition for a writ of certiorari filed. (Response due August 23, 2018)

Attorneys

Ariosa Diagnostics, Inc
Thomas Glenn SaundersWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Thomas Glenn SaundersWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Electronic Frontier Foundation and R Street Institute
Daniel K. NazerElectronic Frontier Foundation, Amicus
Daniel K. NazerElectronic Frontier Foundation, Amicus
Illumina, Inc
Edward R. ReinesWeil, Gotshal & Manges, Respondent
Edward R. ReinesWeil, Gotshal & Manges, Respondent
Intellectual Property Law Professors
Phillip Robert MaloneJuelsgaard Intellectual Property and Innovation Clinic, Amicus
Phillip Robert MaloneJuelsgaard Intellectual Property and Innovation Clinic, Amicus
United States
Noel J. FranciscoSolicitor General, Amicus
Noel J. FranciscoSolicitor General, Amicus