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Codon, Duke, MIT Sue Blue Heron for Allegedly Infringing IP to Synthesize DNA

NEW YORK (GenomeWeb News) – Codon Devices, Duke University, and the Massachusetts Institute of Technology have sued Blue Heron Biotechnology for allegedly infringing five US patents that Codon has licensed exclusively from the universities.
The suit, filed in a US District Court in Delaware, claims that Blue Heron is infringing on four Duke patents used to map gene mutations, manipulate genes, and fractionate DNA molecules.
The claimants also say Blue Heron is infringing an MIT patent used to screen for genetic variation.
Condon disclosed the suit in a statement yesterday, but listed only itself as a plaintiff. Court documents obtained by GenomeWeb News show that Duke University and MIT are also plaintiffs in the case.
The plaintiffs claim that Blue Heron, by using its GeneMaker platform to hybridize and synthesize oligonucleotides and build genes from duplexes, is infringing these patents, some of them willfully.
In the complaint, Codon, Duke, and MIT seek damages and a permanent injunction that would bar Blue Heron from using the IP.
The patents, which cover DNA error correction technologies, include US Patent Nos. 5,459,039; 5,556,750; 5,679,522; 5,702,894; and 5,750,335, all of which are exclusively licensed to Codon Devices, Codon said in a statement.
Calls placed to Blue Heron were not immediately returned.

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