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.