Illumina, Inc. v. Ariosa Diagnostics, Inc.

Case: 19-1419 Document: 63 Page: 1 Filed: 08/03/2020 NOTE: This order is nonprecedential.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 PROST, Chief Judge, NEWMAN, LOURIE, DYK, MOORE, O’MALLEY, REYNA, WALLACH, TARANTO, CHEN, and HUGHES, Circuit Judges. * * Circuit Judge Stoll did not participate. Case: 19-1419 Document: 63 Page: 2 Filed: 08/03/2020 2 ILLUMINA, INC. v. ARIOSA DIAGNOSTICS, INC. PER CURIAM. ORDER 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, IT 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