Preliminary injunctions are strong medicine in patent infringement cases. But the U.S. Court of Appeals for the Federal Circuit seemed ready to uphold one Thursday in a San Francisco case involving gene sequencing technology.

At issue is a decision by U.S. District Judge William Alsup of the Northern District of California last summer that blocked Qiagen N.V. from selling its GeneReader machines in the United States. In the appeals court review, Federal Circuit Judges Kathleen O’Malley and Evan Wallach seemed convinced that Alsup’s ruling was appropriate. Judge Jimmie Reyna, the third member of the panel, was undecided–saying that the court should exercise extreme care with injunctions involving emerging technologies such as DNA sequencing.

Robert Baron of Ballard Spahr, attorney for Qiagen, pushed back, saying that market has been developing for years and that Alsup’s conclusion was incorrect and made “without any real testimony.”

O’Malley rejected that thought saying that Alsup correctly determined that Qiagen was new to the market, had a new pricing structure that could impact the market (allowing them to significantly affect the market), and that Qiagen was infringing on a patent held by Illumina.

Illumina, the largest player in the industry, earlier had sued Qiagen for infringing on its patents when the technology became more affordable and Qiagen began selling its less expensive machines to hospitals and clinical labs for use in personalized medicine. Illumina’s target market for their gene sequencing equipment is large research institutions.

Qiagen, which lost an attempt to invalidate Illumina’s patents via inter partes review, also did not present a noninfringement case to Alsup. Therefore, the judge found that Illumina met the high standards for a preliminary injunction set out by the Supreme Court 10 years ago in eBay v. MercExchange.

On Thursday, Baron pleaded with the Federal Circuit for a chance to try Qiagen's invalidity case before finalizing an injunction. "Let us try the case, let us have the full record. Then we can talk," he said in Illumina v. Qiagen.