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NOTE: This order is nonprecedential.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 no- tice of a published United States patent application. Aria Diagnostics, Inc. opposes. Judicial notice may be appropriate with respect to pub- lic 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