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Kaye Scholer Secures Patent Win for Client Complete Genomics

March 26, 2013

In its continued work for clients that are breaking new ground in the genetics field, Kaye Scholer's patent litigators recently obtained a key victory for leading biotech/genome company Complete Genomics, when a court invalidated the asserted sequencing method claims of plaintiff Illumina’s patent and found that Complete Genomics did not infringe the remaining asserted “kit” claims.

Illumina had accused Complete Genomics of infringing a patent (known as the ‘597 patent) for DNA sequencing. On March 26-27, a California District Court denied Illumina’s motion for reconsideration of the Court’s previous order invalidating all asserted method claims of the ‘597 patent on summary judgment; re-issued, with minor edits, the previous order of summary judgment of invalidity on two independent grounds; and granted summary judgment of non-infringement of the other asserted “kit” claims.

Together, these three orders constituted a total victory for Complete Genomics on the asserted patent. (Previously, Illumina had dismissed two other asserted patents in the action.)

The Kaye Scholer litigation team was led by Partner Michael Malecek, and included Partner Peter Root, Associates Marisa Armanino Williams, Sean Boyle, and Henry Schober.