The Federal Circuit has denied the petition for rehearing en banc in Ariosa Diagnostics, Inc. v. Sequenom, Inc., despite the filing of twelve amicus briefs in support of the petition, including briefs filed by Biotechnology Industry Organization and Pharmaceutical Research and Manufacturers of America, numerous innovator companies in the diagnostic space, and law professors. The en banc order was accompanied by concurring opinions authored by Judge Lourie (joined by Judge Moore) and Judge Dyk, and a dissenting opinion authored by Judge Newman.
The panel decision is discussed in this article.
Disclaimer
This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.
Author(s)
Related Insights
June 26, 2026
Health Care Law Today
California Attorney General Escalates Attack on PC-MSO Model: What Venture-Backed, Private Equity, and Digital Health Companies Need to Know
Foley & Lardner LLP (Foley) represented Carbon Health in negotiating a settlement agreement with the California Attorney General (AG) to resolve alleged corporate practice of medicine (CPOM) violations against Carbon Health, a technology-based primary and urgent care company that recently emerged from Chapter 11 bankruptcy.
June 26, 2026
Foley Viewpoints
17 States Challenge California Packaging Law With National Supply Chain Stakes
On June 22, 2026, 17 states, led by Nebraska, along with the National Association of Wholesaler-Distributors (NAW), sued California regulators and the Circular Action Alliance (CAA) in federal court, seeking to invalidate the state’s landmark packaging law, SB 54 (“SB 54” or “the Act”). The lawsuit, Nebraska v. Heller, is the first coordinated, multistate attack on the broader “extended producer responsibility” (EPR) model gaining traction for packaging regulation across the United States.
June 25, 2026
Foley Viewpoints
DOJ’s 2026 Health Care Fraud Takedown: Details Behind the Headline Number and What It Means for Health Care Providers
For health care companies, investors, management services organizations, provider platforms, and boards, the more important message is more specific: the government is now treating fast-growing reimbursement categories as data-driven, enterprise-risk environments.