NEW YORK (GenomeWeb News) – Sequenom said after the close of the market on Monday that it has appealed a decision by a federal court denying Sequenom's request for a preliminary injunction against Ariosa Diagnostics.
The US District Court for the Northern District of California denied Sequenom's motion for a preliminary injunction against Ariosa, filed in February, earlier this month. Sequenom had requested the court prevent Ariosa from offering or selling its Harmony Prenatal Test.
Sequenom sued Ariosa, formerly called Aria Diagnostics, in January alleging Ariosa's prenatal trisomy test infringes its patent, US Patent No. 6,258,540. Ariosa had earlier sued Sequenom claiming that the firm is overly aggressive in enforcing a broad patent related to the use of circulating cell-free DNA in maternal plasma to diagnose fetal aneuploidies.
Sequenom launched its trisomy 21 test called MaterniT21 Plus in October. Ariosa launched its Harmony Prenatal Test nationwide in May through Laboratory Corporation of America.