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Invitrogen, Agilent Settle Patent Litigations

NEW YORK (GenomeWeb News) – Invitrogen today said that it and Agilent Technologies have settled three patent litigations that have been ongoing since 2000-2001.
All of the litigation was between Invitrogen and Stratagene, which Agilent acquired last June for $250 million.
The first case began in June 2000, when Invitrogen sued Stratagene for alleged infringement of its patents related to RNase H minus reverse transcriptase products. That case had been stayed pending a resolution of related litigation with Clontech, which is now owned by Takara Bio.
The second case, which was filed by Invitrogen against Stratagene in March 2001, focused on a process for producing E. coli cells and resulted in a judgment against Stratagene of $16.2 million in November 2006. Stratagene subsequently appealed the judgment to the US Court of Appeals.
In November 2001, Stratagene filed a suit against Invitrogen for allegedly infringing its patent covering certain DNA polymerase blend products. That case had been stayed pending a reissuance proceeding before the US Patent and Trademark Office.
Under the terms of the settlement, Agilent will make an undisclosed payment to Invitrogen. Agilent also will stop selling its RNase H minus RT products.
Invitrogen will obtain a license from Agilent and pay undisclosed royalties related to the sale of its DNA polymerase blend products. All litigation between the firms will be dismissed.
The firms did not disclose any other details of the settlement. But during Invitrogen's fourth-quarter conference call last night, CFO David Hoffmeister said that the firm would realize a net gain of $8 million during 2008 related to the settlement.
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