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Federal Court Dismisses IP Infringement Claims Against Luminex

NEW YORK (GenomeWeb News) – A federal court has dismissed claims against Luminex that had alleged patent infringement.

In a decision handed down Feb. 25, the US District Court for the Southern District of California granted Luminex's motion to dismiss claims filed in November 2013 by Irori Technologies accusing Luminex of infringing three patents with its xMAP and xTAG technologies.

The three patents — US Patent No. 6,372,428; No. 6,416,714; and No. 6,352,854 — cover methods of using encoded beads for individually tracking molecules during chemical synthesis. They were assigned to Irori.

In its complaint, San Diego-based Irori alleged Luminex's infringement was willful. It also accused Austin, Texas-based Luminex of contributory infringement and inducement.

On Jan. 9, Luminex filed a motion to dismiss the lawsuit, saying Irori failed "to state a claim for inducement, contributory infringement, or willful infringement."

Judge Roger Benitez agreed, and in his decision said that Irori had failed to adequately provide evidence supporting its allegations. For example, of Irori's allegation of willful infringement, he wrote that the company "states only a conclusory allegation of knowledge without even the barest factual assertion to support its allegation."

Benitez dismissed the claims without prejudice and granted the company 21 days to amend its complaint, if it chooses to do so.

On deadline, a company official could not be reached for comment. Phil Mann, its lawyer said that the motion to dismiss "did not extend to the direct infringement claims Irori made and those claims remain pending."

He added that Irori will file an amended complaint.

Luminex officials did not respond on deadline to a request for comment.

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