Sequenom Addresses Preliminary Injunction Decision, Reaffirms Defense of Patent

Sequenom, Inc.

today confirmed that the United States District Court for the Northern District of California has denied a motion by Sequenom for a preliminary injunction against Ariosa Diagnostics. "While obviously a disappointing preliminary outcome in our efforts to enforce an issued US patent against infringement, yesterday's 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 our patent and protect our proprietary rights in the non-invasive prenatal testing marketplace," said Harry F. Hixson, Jr., Ph.D., Chairman and CEO, Sequenom, Inc. 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 will be seeking a full trial on the merits of its claims and all relief, including damages and a permanent injunction against Ariosa.