(By Balaseshan) Sequenom Inc. (NASDAQ:SQNM), a molecular diagnostic testing and genetics analysis company, said a court has denied its motion for preliminary injunction against Ariosa Diagnostics regarding fetal chromosomal aneuploidy detection test.
The United States District Court for the Northern District of California has denied a motion by Sequenom for a preliminary injunction against Ariosa Diagnostics.
Earlier this year, Sequenom filed the motion against Ariosa (formerly Aria) Diagnostics to stop the company from making, using, selling or offering for sale, importing or exporting, infringing tests for detecting fetal chromosomal aneuploidy, such as Ariosa's Harmony Prenatal Test, pending the ultimate resolution of the litigation.
Sequenom's request for preliminary injunctive relief followed its counterclaims filed in the lawsuit in the United States District Court for the Northern District of California, which allege that Ariosa is infringing U.S. Patent No. 6,258,540 ('540 patent).
The case is ongoing and Sequenom would be seeking a full trial on the merits of its claims and all relief, including damages and a permanent injunction against Ariosa.
Sequenom's Chief Executive Harry Hixson Jr. said while obviously a disappointing preliminary outcome in the company's efforts to enforce an issued US patent against infringement, the decision is by no means a final ruling on the infringement or the validity of the '540 patent, but is one step in a long process to enforce its patent and protect proprietary rights in the non-invasive prenatal testing marketplace.
Sequenom Center for Molecular Medicine's MaterniT21 PLUS LDT detects a genetic chromosomal anomaly known as Trisomy 21, the most common cause of Down syndrome, as well as trisomies 18 and 13, in single, twin or triplet pregnancies.
SQNM is trading down 1.47% at $4.01 on Friday. The stock has been trading between $3.45 and $8.01 for the past 52 weeks.