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Edward Reines of Weil, Gotshal & Manges Edward Reines of Weil, Gotshal & Manges

SAN FRANCISCO — In a high-stakes litigation showdown in the burgeoning market for non-invasive prenatal testing, Illumina Inc. has scored a patent infringement verdict against rival Ariosa Diagnostics.

A federal jury found that Ariosa’s Harmony test infringed two of Illumina’s gene-sequencing patents. The jury awarded $26.7 million in damages, about a quarter of the $104 million Illumina wanted. Perhaps more importantly, the jury found that the latest version of Ariosa’s test infringes Illumina’s patented gene-sequencing technology. That finding leaves open the possibility that Illumina can seek an injunction from U.S. District Judge Susan Illston of the Northern District of California.

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Ross Todd

Ross Todd is the Editor/columnist for the Am Law Litigation Daily. He writes about litigation of all sorts. Previously, Ross was the Bureau Chief of The Recorder, ALM's California affiliate. Contact Ross at [email protected] On Twitter: @Ross_Todd.

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