April 08, 2021
Weil’s landmark victory for Illumina at the Federal Circuit in its patent infringement dispute with Ariosa was named one of the “Impact Cases of the Year” in the United States at the 2021 Managing Intellectual Property Americas Awards. The award further recognizes Weil’s expertise in cutting-edge patent litigation and leadership in appellate advocacy.
The successful appeal for biotech innovator Illumina reversed a trial court’s summary judgment order in favor of the defendant in the case, Ariosa, and broke new ground in the fast-evolving area of patent eligibility under Section 101 of the Patent Act. Weil’s victory for Illumina was also named one of the “Top 10 Patent Rulings of 2020” by Law360.
The patents-in-suit relate to innovative DNA tests for Down Syndrome, and describe a “method of preparation,” marking the first time that the Federal Circuit has identified that as a patentable subject matter category under 35 U.S.C. § 101, which describes the requirements for patentability. The Weil team also defeated Ariosa’s petition for an en banc rehearing before the Federal Circuit.
The Weil team that secured the ruling in March 2020 was co-led by Weil Patent Litigation and Life Sciences practices Co-Head Edward Reines and Patent Litigation partner Derek Walter, and included Patent Litigation associate Christopher Lavin.