Aria Diagnostics, Inc. v. Sequenom, Inc.

Opinion

Case: 12-1531 Document: 33 Page: 1 Filed: 09/28/2012

NOTE: This order is nonprecedential.

Wuiteb ~tate~ (!Court of ~peaI~ for tbe jfeberaI <!Circuit

ARIA DIAGNOSTICS, INC.,

Plaintiff-Appellee,

v.

SEQUENOM, INC., Defendant-Appellant.

2012-1531

Appeal from the United States District Court for the Northern District of California in case no. 11-CV-6391, Judge Susan Illston.

ON MOTION

Before DYK, Circuit Judge.

ORDER

Sequenom, Inc. moves for the court to take judicial notice of a published United States patent application. Aria Diagnostics, Inc. opposes.

Judicial notice may be appropriate with respect to public documents since they are generally known or capable of accurate and ready determination by resort to sources

Case: 12-1531 Document: 33 Page: 2 Filed: 09/28/2012

ARIA DIAGNOSTICS, INC. V. SEQUENOM, INC. 2

whose accuracy cannot reasonably be questioned. Fed. R. Evid.201. However, the relevance of such materials is left to the discretion of the merits panel.

Accordingly,

IT Is ORDERED THAT:

(1) The motion is granted. (2) A copy of this order shall be transmitted to the merits panel assigned to hear this case FOR THE COURT

SEP 28 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk

cc: Michael J. Malecek, Esq.

David Isaac Gindler, Esq. Jtar~fOR u.s.~EDeR~.lCIRCUIT

s26 SEP 282012

JANHORBAlY

a.ERK