Benitec filed a motion with the US District Court for the District of Delaware to dismiss the suit after a recent Supreme Court decision in an unrelated case brought Nucelonics' drug development activities within the "safe harbor" exemption of drug development. Benitec said it filed the motion because "no case or controversy existed" anymore.
Benitec sued Nucleonics in March 2004 for infringing its US Patent No. 6,573,099.