23 November 2017
London
Reporter: Barney Dixon

Illumina takes victory at UK High Court


Illumina has secured wins at the UK High Court of Justice in two patent infringement lawsuits against Premaitha and Ariosa.

UK Justice Henry Carr ruled that Premaitha’s IONA non-invasive prenatal screen test and Ariosa’s Harmony test infringed Illumina’s patents.

A form of order hearing will be scheduled in late 2017 or early 2018, in which the court will hear applications from parties arising from the judgment.

Premaitha says it will seek leave to appeal, while Illumina said it will seek all available remedies for the infringement.

Charles Dadswell, senior vice president and general counsel at Illumina, commented: “We are pleased that the court ruled in our favour.”

He added: “The Court’s judgment validates the investments Illumina has made, the value of this technology and the significant contributions of the inventors in this field.”

Stephen Little, CEO of Premaitha, said: “We are very disappointed with this ruling and deeply disagree with the interpretation the judge has given to precise technical language in the patents.”

Little explained that the judgment could “limit the access of UK patients to non-invasive prenatal tests and, in certain respects, diverges from decisions made in other jurisdictions”.

He concluded: "We are seeking leave to appeal and continue to believe that the motivation behind these legal actions is competitive rather than technical.”

“In the meantime we will continue to offer our high quality non-invasive prenatal test solutions and support to pregnant women and their clinicians in the UK, as we continue to expand our business into territories where we can operate with greater legal certainty.”

More news
The latest news from IPPro Patents
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Patent owners winning in IPR
12 December 2017 | New York | Reporter: Barney Dixon
Patent owners are winning more than losing in IPR proceedings, according to a study from law firm Fitzpatrick, Cella, Harper & Scinto
High tech companies weigh in on Allergan deal
11 December 2017 | Washington DC | Reporter: Barney Dixon
Tech companies have argued that Allergan should not be allowed to circumvent the inter partes review process with its controversial patent deal with the Saint Regis Mohawk Tribe
BlackBerry to pay $137 million to Nokia
08 December 2017 | Waterloo | Reporter: Barney Dixon
BlackBerry will pay $137 million to Nokia after the International Chamber of Commerce’s International Court of Arbitration ruled against the company in a patent licensing dispute
ILO ruling “vote of no confidence” for Battistelli, says CSC
07 December 2017 | Munich | Reporter: Barney Dixon
In an open letter to the EPO’s heads of delegations, the CSC said that it interpreted the ILO’s decision as a “massive vote of no confidence in the president of the EPO"
China world’s top patent filer in 2016
07 December 2017 | Geneva | Reporter: Barney Dixon
China has emerged as the top patent filer in the world, accounting for nearly all of the 8 percent growth in patent applications in 2016
EPO president’s impartiality questioned at ILO
06 December 2017 | Geneva | Reporter: Barney Dixon
The International Labour Organisation has questioned the impartiality of EPO president Benoît Battistelli, in two tribunal decisions concerning an EPO employee, and found that there was a conflict of interest on the part of the president
Squire Patton Boggs hires ex Walgreens Boots Alliance counsel
06 December 2017 | London | Reporter: Barney Dixon
Squire Patton Boggs has appointed Kerry Lee as partner in its intellectual property and technology practice