Patents - Illumina, Inc and another v TDI Genetics Ltd and others
Jane Lambert Patents Court (Mr Justice Arnold) Illumina, Inc and another v TDL Genetics Ltd and others [2019] EWHC 1497 (Pat) (17 June 2019) This was an action for patent infringement with a counterclaim for revocation on grounds of obviousness and insufficiency. The patent in suit was European patent EP1524321 for Non-invasive detection of fetal genetic traits which was granted to the second claimant. The first claimant was the second claimant's exclusive licensee. The third defendant has developed a non-invasive prenatal test called "Harmony" which the first defendant offers to its patients. The claimants allege that it infringes their patent. The action and counterclaim came on before Mr Justice Arnold. The Patent The invention for which the patent was granted reads as follows: "Blood plasma of a pregnant woman contains both fetal and maternal circulatory extracellular DNA, the latter forming the major part (generally ...