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Bio-Rad Answers Life Technologies' Claims in Suit; Denies Infringement

NEW YORK (GenomeWeb News) – Bio-Rad Laboratories has answered complaints filed in a lawsuit four months ago by Life Technologies against it for alleged patent infringement, denying that it is infringing those patents and asserting counterclaims.

In August, Life Technologies filed a lawsuit against Bio-Rad for allegedly infringing four patents that cover methods for protein production. In the complaint, Life Tech claims that Bio-Rad's Precision Plus line of protein standards infringes one or more claims of the four patents.

In its answer to the compliant, filed last week in the US District Court for the District of Delaware, Bio-Rad said that it has not engaged in any acts of patent infringement "either directly, indirectly by inducement or contributory infringement." It also said that Life Technologies should not be allowed to assert the claims because it "unreasonably and inexcusably delayed in bringing the present suit, and [Bio-Rad] has been materially prejudiced by the delay."

In addition, Bio-Rad claims that the four patents "were so restricted and limited in scope during the prosecution of the application upon which the patents issued so as to distinguish the alleged invention from the prior art, to overcome the objections of or rejection by the examiner and to induce the issuance of the patent, such that said claims cannot be construed as describing or embracing any activities, instruments, products, mixtures or methods used, promoted or induced by [Bio-Rad]."

Bio-Rad has asked in its counterclaims that the court declare the four patents at issue invalid, unenforceable, and/or not infringed. It also has asked the court to deny all relief sought by Life Technologies, dismiss the claims asserted by Life Technologies, declare that it hasn't infringed the patents, and declare the patents invalid and unenforceable.

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