Weil Gotshal & Manges partner Edward Reines secured a major jury verdict in favor of Illumina, a life sciences company, regarding two of its patents. In January 2018, a federal jury in San Francisco awarded the plaintiff $26.7 million for past damages in its suit against Ariosa Diagnostics, Inc., now owned by Roche.
The two patents involved – US Patent 8,318,430 and US Patent 7,955,794 – were non-invasive prenatal tests (NIPT). The jury found that Ariosa Diagnostics had infringed upon both with its past and current versions of the Harmony NIPT.
The jury rejected counterclaims by Ariosa that Illumina had breached a supply agreement between the companies by bringing the lawsuit. The US Patent and Trademark Office previously upheld the validity of the patents rejecting multiple challenges filed by Ariosa.
“We are pleased with the outcome reached by the jury,” said Charles Dadswell, Senior Vice President and General Counsel for Illumina. “This verdict again validates these patents, the hard work and ingenuity of the inventors, and their significant contribution to the field of NIPT.”
Illumina intends to seek injunctive relief for ongoing infringement by Ariosa’s continuing sale of its Harmony test.