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Kaye Scholer’s Successful Defense of Complete Genomics Highlighted in The Daily Journa…

February 13, 2014

Kaye Scholer’s Successful Defense of Complete Genomics Highlighted in The Daily Journal’s “Top Verdicts”

The Daily Journal highlighted the complete dismissal with prejudice of all claims in Illumina Inc. et al v. Complete Genomics Inc. as one of the top defense wins achieved in California in 2013 in its annual “Top Verdicts” feature. Kaye Scholer represented Complete Genomics, whose groundbreaking technology has driven the cost of human genome sequencing below $5,000 per genome.

Competitor Illumina had accused the Complete Genomics Analysis Platform, including Complete Genomics’ cPAL technology, of infringing the patent-in-suit and sought an injunction that would have shuttered Complete Genomics’ business. A Palo Alto-based Kaye Scholer team, led by Partner Michael Malecek, won summary judgment of invalidity as to the asserted method claims and summary judgment of non-infringement as to the asserted kit claims. Facing the prospect of having to defend against Complete Genomics’ remaining claims for inequitable conduct and antitrust violations, Illumina dismissed this case with prejudice, as well as a second infringement case alleging infringement of a patent related to pairwise sequencing of double-stranded DNA templates.

This settlement represented a total victory for Complete Genomics, who made no payment and took no license to any of the four patents asserted in these two lawsuits. According to The Daily Journal, “The settlement of the lawsuits allowed Complete Genomics to shift its attention away from patent litigation and to focus on the development of human genome sequencing technology.”

In addition to Malecek, the Kaye Scholer team advising Complete Genomics included Partner Peter Root and Associates Marisa Armanino Williams, Sean Boyle and Henry Schober.

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