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Nucleonics to Appeal Dismissal of Benitec s Suit Against It, Will Continue Challenging IP

NEW YORK, Oct. 5 (GenomeWeb News) - Nucleonics will appeal the recent dismissal of Benitec's patent infringement lawsuit against it in order to continue challenging Benitec's patent, the company said today.


Nucleonics intends to appeal the decision, made last Friday by a judge in the US District Court for the District of Delaware, at the Court of Appeals for the Federal Circuit.


Benitec, which sued Nucleonics and others in March 2004 for allegedly infringing its US Patent No. 6,573,099, filed a motion with the US District Court for the District of Delaware to dismiss the suit in light of a recent Supreme Court decision in an unrelated case because "no case or controversy existed" anymore, according to the company.


Nucleonics, however, claims that "Benitec seeks to have the case dismissed on a technicality of jurisdiction, thereby avoiding adjudication on the merits," CEO Robert Towarnicki said in a statement today. "Nucleonics continues to believe that the patent is invalid and unenforceable and will pursue this case through the Appellate Court and continue to challenge the Benitec IP estate around the world."


In addition, Nucleonics said that the US Patent Office has preliminarily rejected all claims of the Benitec patent, responding to Nucleonics' request for re-examination last year.

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