Leading specialist IP law firm Powell Gilbert LLP has successfully represented Illumina, Inc, the world leader in genome sequencing technology, in a patent battle over non-invasive prenatal tests for foetal sex, Down’s syndrome and other genetic conditions. Powell Gilbert partners Tim Powell and Bethan Hopewell led proceedings on behalf of Illumina, Inc.
 
The UK High Court judgment handed down in this complex dispute found that all five of the patents in dispute were, after amendment, valid and infringed by Premaitha Health plc, et al. and Ariosa Diagnostics, Inc., et al. The case centred on a series of patents filed between 1997 and 2007 which were licensed to Illumina.
 
Powell Gilbert had filed patent infringement suits on behalf of Illumina against both Premaitha and Ariosa. With this ruling, Powell Gilbert has successfully secured the UK patent rights for the innovative technologies which enable non-invasive prenatal testing, and the firm will continue work with Illumina in coordinating multinational litigation under Illumina’s patent rights.
 
Tim Powell, partner at Powell Gilbert LLP, commented:
 
“It is rare to have the opportunity to work on inventions which can truly be described as revolutionary and have changed the direction of a whole field of medicine. It is always satisfying to see the courts recognise such innovation, and we are very pleased with today’s result for our client, Illumina, Inc.”
 
Tim Powell and Bethan Hopewell led the team at Powell Gilbert LLP which successfully represented Illumina and the patent proprietors. Premaitha were represented by Allen & Overy LLP, and Ariosa and their affiliated parties were represented by Herbert Smith Freehills LLP.