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Ariosa Diagnostics Inc. v. Illumina Inc.

Petition for certiorari denied on June 24, 2019

Docket No. Op. Below Argument Opinion Vote Author Term
18-109 Fed. Cir. N/A N/A N/A N/A OT 2018

Issue: Whether unclaimed disclosures in a published patent application and an earlier application it relies on for priority enter the public domain and thus become prior art as of the earlier application"s filing date, or, as the U.S. Court of Appeals for the Federal Circuit held, does the prior art date of the disclosures depend on whether the published application also claims subject matter from the earlier application. CVSG: 05/21/2019.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
07/11/2018Petition for a writ of certiorari filed. (Response due August 23, 2018)
08/09/2018Motion to extend the time to file a response from August 23, 2018 to September 24, 2018, submitted to The Clerk.
08/09/2018Blanket Consent filed by Petitioner, Ariosa Diagnostics, Inc.
08/15/2018Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018.
08/17/2018Waiver of right of respondent United States to respond filed.
08/22/2018Brief amici curiae of Electronic Frontier Foundation and R Street Institute filed.
08/23/2018Brief amici curiae of Intellectual Property Law Professors filed.
09/24/2018Brief of respondent Illumina, Inc in opposition filed.
10/09/2018Reply of petitioner Ariosa Diagnostics, Inc filed.
10/10/2018DISTRIBUTED for Conference of 10/26/2018.
10/29/2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/21/2019Brief amicus curiae of United States filed.
06/04/2019DISTRIBUTED for Conference of 6/20/2019.
06/04/2019Supplemental brief of petitioner Ariosa Diagnostics, Inc filed. (Distributed)
06/04/2019Supplemental brief of respondent Illumina, Inc filed. (Distributed)
06/24/2019Petition DENIED.