Mapping the human genome has created an industry involving technologies for the analysis of DNA. The market continues to change dramatically as the cost of individual genome mapping continues to come down, enabling the “holy grail” of personalized healthcare and diagnostics based on our individual genetic code.
Kaye Scholer represents several leading companies in this area including Complete Genomics and Affymetrix, and has recently secured three important wins for these clients.
On October 16, the firm won a California federal court order granting summary judgment invalidating all of Illimina Inc’s asserted DNA sequencing method claims from US Patent No. 6,306,597 on behalf of Complete Genomics, a company that is furthering the DNA Sequencing-As-A-Service model. In the summary judgment order, Judge Laporte accepted the argument Kaye Scholer had been making all along, that in reducing his invention to practice the alleged inventor of the patent in the suit failed to exercise due diligence and that, therefore, a prior art publication invalidated all of the primary asserted method claims (Claim 1 and dependent Claims 9, 10, 14, 15, 16, 17, 18 and 19) of Illumina's '597 patent. The Kaye Scholer team on this case was led by Partner Michael Malecek and included Associates Sean Boyle, and Marisa Armanino Williams.
For genome analysis technology leader Affymetrix Inc., Kaye Scholer also recently won two important victories in long-pending cases. After nine long years, the Southern District of NY granted a partial summary judgment of non-infringement on September 24. The ruling disposed of all pending patent infringement claims asserted by Enzo Life Sciences, Inc. against Affymetrix.
And in another case filed by MIT and E8 against Affymetrix in Boston, the Court issued a claim construction order on September 4 (3 years after the Markman hearing) which resulted in MIT and E8 stipulating to a final judgment of non-infringement by Affymetrix of U.S. Patent No. 6,703,228, entitled “Methods and Products Related to Genotyping and DNA Analysis.” In addition to Partner Mike Malecek, the litigation team for these Affymetrix matters consisted of Pete Root and Steve Holmes.
Also of Interest
- Shape of Things to Come: Protecting Product Configuration and Packaging Design September 26, 2016 • Articles
- On the Road to a Safe and Secure Internet of Things: What Companies Should Do September 19, 2016 • Articles
- Arbisser Featured in The Recorder and Law360... September 7, 2016 • Media Mentions
- Consumer Products: Adapting to Innovation Fall 2016 • Reports / Newsletters
- ILS and Zinsser Analytic Shareholders Sell to Gardner Denver Medical September 2, 2016 • Client Successes
- Kaye Scholer Advises Veracen on Merger of Equals with Turner Investments August 31, 2016 • Client Successes
- UNITED STATES: Trade Facilitation and Trade Enforcement Act of 2015 Strengthens... August 23, 2016 • Articles
- UNITED STATES: Phantom Mark Depicting Arrangement of Numerical Financial Data... August 23, 2016 • Articles
- Daily Journal Names Malecek Among the “Top 75 Intellectual Property Litigators” August 17, 2016 • Recognitions