Gene testing company Illumina said a federal jury in San Francisco ruled in its favor in a patent infringement suit filed against Ariosa Diagnostics, Inc., now owned by Roche.
“The jury found that both Ariosa’s previous and current version of the Harmony non-invasive prenatal test (NIPT) infringe US Patent 8,318,430 and US Patent 7,955,794,” said Illumina.
“The jury awarded Illumina approximately $26.7 million for past damages.
“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.”
Illumina general counsel Charles Dadswell said: “This verdict again validates these patents, the hard work and ingenuity of the inventors, and their significant contribution to the field of NIPT.”
Illumina said it intends to seek injunctive relief for ongoing infringement by Ariosa’s continuing sale of its Harmony test.