lawsuit

GE Healthcare charges in its complaint that kits and instruments sold by Beckman Coulter Genomics based on the Agencourt Solid Phase Reversible Immobilization, or SPRI, technology "contain instructions to use the products in a manner that infringes one or more claims of the '231 and/or '946 patents."

"The widespread use of gene sequence information as the foundation for biomedical research means that resolution of these issues will have far-reaching implications, not only for gene-based health care and the health of millions of women facing the specter of breast cancer, but also for the future course of biomedical research," the NY Southern District Court said in an opinion explaining the reasons for denying Myriad’s motion to dismiss ACLU’s challenge to its patents covering BRCA genes associated with hereditary breast and ovarian cancer.

The USPTO said that since the co-assignees of the Tuschl-I IP “have divergent interests, no one side can reasonably expect or be permitted to control the prosecution of [the] patent application [at issue] to the exclusion of the others.”

Alnylam’s request to stay the suit, which was submitted jointly with the USPTO, asked the court to suspend the case until a ruling is made on an appeal in a separate but similar patent-term suit filed by Wyeth and Elan Pharma against the patent office.