Skip to main content
Premium Trial:

Request an Annual Quote

Law Firm Asks USPTO to Reexamine Two OGT Microarray Patents

NEW YORK (GenomeWeb News) — A California law firm has asked the US Patent and Trademark Office to reexamine two microarray patents held by Oxford Gene Technology, GenomeWeb News has learned.
The law firm Fliesler Meyer filed the ex parte reexamination requests in mid-January on behalf of a client who wishes to remain anonymous, according to Anthony Craig, an attorney at the firm.
Arguing that several claims in each patent are covered by prior art, the firm asked the USPTO to reexamine US Patent No. 5,700,637, “Apparatus and Method for Analyzing Polynucleotide Sequences and Method of Generating Oligonucleotide Arrays,” and US Patent No. 6,054,270, “Analyzing Polynucleotide Sequences."
As an example of prior art, the reexamination request for the ‘637 patent, which was granted in 1997, cites the user’s manual for Applied Biosystems’ 380B Synthesizer version 1.0, published in 1985.
Craig cited as evidence that the OGT patent is too broad as currently written the fact that its claims “encompass an instrument that was already on the market.” The reexamination requests cite several other examples of prior art for both patents in question.
“The patent office can make a mistake,” he said.
Craig said he expects the USPTO to make a decision on whether to reexamine the patent in around three months.
The likelihood of the USPTO granting the request is fairly high, according to a 2006 study in the North Carolina Journal of Law & Technology that found that 98 percent of ex parte reexamination requests filed in 2004 were granted.
Of all patents that were reexamined through 2003, the study found, 10 percent had all claims cancelled and 64 percent had some claims cancelled or limited.
Peter Hotten, director of licensing and business development at OGT, told GenomeWeb News that the company is “aware of this latest attempt to challenge our fundamental microarray patents in the US.”
He added that these patents “have been extensively litigated and licensed and their validity recognized.”
Hotten declined to provide further comment.

The Scan

UK Team Presents Genetic, Epigenetic Sequencing Method

Using enzymatic DNA preparation steps, researchers in Nature Biotechnology develop a strategy for sequencing DNA, along with 5-methylcytosine and 5-hydroxymethylcytosine, on existing sequencers.

DNA Biobank Developed for French Kidney Donors, Recipients

The KiT-GENIE biobank described in the European Journal of Human Genetics contains DNA samples, genotyping profiles, immune patterns, and clinical features for thousands of kidney donors or transplant recipients in Nantes, France.

Cardiometabolic Disease May Have Distinct Associations With Microbial Metabolites in Blood, Gut

By analyzing gut microbes in combination with related metabolites in feces and blood, researchers in Nature Communications found distinct cardiometabolic disease relationships at each site.

Study Reveals New Details About Genetics of Major Cause of Female Infertility

Researchers in Nature Medicine conducted a whole-exome sequencing study of mote than a thousand patients with premature ovarian insufficiency.