Facing a fast-approaching trial thanks to Wisconsin’s accelerated court system, the so-called “rocket docket,” Applera and Promega have settled their reagent-based patent infringement suits against each other.
According to Don Best, attorney for Promega, the settlement was entered and the case dismissed by the end of October. One of the patents at issue was the one of the three automated DNA sequencer patents that has been charged as illegitimate in an unrelated MJ Research suit against Applera, which was reason enough for the industry to watch the outcome of the Promega suit with interest.
The settlement came at the eleventh hour for both sides. “When you’re a month away [from trial], it gets pretty intense,” Best says. “Both parties end up doing a ton of work, as you might expect, to get a case of this magnitude and complexity … ready for trial.”
Though the confidentiality details of the settlement have not yet been determined, each side is acting as though all aspects of the agreement are top-secret, Best says. No doubt their silence will simply add fuel to the rumors that will certainly be making the industry rounds on who the “victor” was.