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Febit Sues Codon for Infringing Polymer Synthesis IP; Codon Says Patent is 'Invalid and Unenforceable'

NEW YORK (GenomeWeb News) – Microarray developer Febit Biotech said last week that it has served Codon with a lawsuit for allegedly infringing US Patent No. 6,586,211, which covers a method for making synthetic nucleic acids.
In a statement, Febit called the patent “the cornerstone” of its IP portfolio, which includes around 15 patents and patent applications and covers the use of microarrays for synthetic gene production.
In the suit, filed in the US District Court for the District of Delaware, Febit is seeking an injunction against Codon as well as “unspecified monetary damages arising from Codon Devices’ unauthorized use of the patented technology and the continuous willful infringement of Febit’s '211 patent.”
Codon, meanwhile, had previously filed a complaint for declaratory judgment against Febit in a US District Court in Washington, DC, stating that it is not infringing the ‘211 patent, which it called "invalid and unenforceable."
In the complaint, filed June 29, Codon is seeking an order that would restrain Febit from asserting the ‘211 patent against it. Codon also filed with the court to extract reimbursement from Febit for its expenses in the matter.
Codon Devices said that Febit’s infringement suit is “meritless.”

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