Ariosa Diagnostics, Inc v Sequenom, Inc

In the case of Ariosa Diagnostics, Inc v Sequenom, Inc, the dispute centred on the validity and infringement of a standard patent related to a method for detecting the presence of foetal DNA in maternal plasma or serum. The case was heard in the Federal Court of Australia. The primary issues before the court were whether the patent claims constituted a manner of manufacture within the meaning of section 18(1)(a) of the Patents Act 1990 (Cth), whether the claims were sufficiently described and fairly based, and whether the claimed method was performed outside of the jurisdiction in a manner that amounted to infringement.

The court examined whether the patent's claims were directed to a mere discovery of a naturally occurring phenomenon or if they involved a practical application of that discovery. It found that the claims disclosed a manner of manufacture and were not simply a discovery of a natural phenomenon. The court also determined that the claims were sufficiently described and fairly based, as the specification enabled a person skilled in the art to produce something within each claim. The court further held that the information resulting from the use of the claimed method could be characterised as a "product" within the definition of "exploit" in Schedule 1 of the Patents Act 1990 (Cth).

The appeal against the infringement findings was allowed in part. The court found that the primary judge's reasoning in respect of each of the asserted claims was sound, but the appeal concerning the "send out" model was upheld.

The final orders required the parties to confer and file an agreed minute of orders, including as to costs, reflecting the reasons of the Court within 14 days. If the parties could not agree, specific submissions were to be filed and served within set timeframes. Any outstanding issues were to be determined on the papers unless otherwise requested.