Illumina, Inc., Sequenom, Inc. v. Ariosa Diagnostics, Inc., Roche Sequencing Solutions, Inc., Roche Molecular Systems,…

NOTE: This order is nonprecedential.

United States Court of Appeals
for the Federal Circuit
______________________
ILLUMINA, INC., SEQUENOM, INC.,
Plaintiffs-Appellants

v.

ARIOSA DIAGNOSTICS, INC., ROCHE
SEQUENCING SOLUTIONS, INC., ROCHE
MOLECULAR SYSTEMS, INC.,
Defendants-Appellees
______________________

2019-1419
______________________

Appeal from the United States District Court for the
Northern District of California in No. 3:18-cv-02847-SI,
Senior Judge Susan Y. Illston.
______________________

ON PETITION FOR REHEARING EN BANC
______________________

Before P
ROST, Chief Judge, NEWMAN, LOURIE, DYK,
MOORE, O’MALLEY, REYNA, WALLACH, TARANTO, CHEN,
and H
UGHES, Circuit Judges.
*

*
Circuit Judge Stoll did not participate.
Case: 19-1419 Document: 63 Page: 1 Filed: 08/03/2020

ILLUMINA, INC. v. ARIOSA DIAGNOSTICS, INC.
2
PER CURIAM.
O R D E R
Appellees Ariosa Diagnostics, Inc., Roche Sequencing
Solutions, Inc., and Roche Molecular Systems, Inc. filed a
combined petition for panel rehearing and rehearing en
banc. A response to the petition was invited by the court
and filed by appellants Illumina, Inc. and Sequenom, Inc.
The petition for rehearing and response were first referred
to the panel that heard the appeal, which granted the peti-
tion in part as indicated in the accompanying order. There-
after, the petition was referred to the circuit judges who are
in regular active service.
Upon consideration thereof,
I
T IS ORDERED THAT:
1) The petition for rehearing en banc is denied.
2) The mandate of the court will issue on September
9, 2020.

FOR THE COURT

August 3, 2020 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court

Case: 19-1419 Document: 63 Page: 2 Filed: 08/03/2020