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Hutch, Partners File Infringement Suit Against MMI Genomics

By a GenomeWeb staff reporter

NEW YORK (GenomeWeb News) – The Fred Hutchinson Cancer Research Center, along with other plaintiffs, have filed a patent infringement suit against MMI Genomics alleging infringement of a patent covering canine genetics.

The suit, which was recently filed in the US District Court for the Eastern District of Virginia, claims that Davis, Calif.-based MMI Genomics is infringing US Patent No. 7,729,863, a patent covering canine breed identification methods. The patent is assigned to the Hutch and was exclusively licensed to Argus Genetics and exclusively sublicensed to Mars, Inc. — both of which are listed as plaintiffs in the case.

According to the suit, MMI has directly infringed, and is inducing infringement of, one or more claims of the '863 patent through the sale of its Canine Heritage XL Breed Test product and associated services. The plaintiffs claim they have been damaged monetarily by the infringement, and MMI is liable for such damages, "and in no event less than a reasonable royalty."

The plaintiffs also seek a judgment that MMI has infringed the patent, an order to stop MMI from further infringement, damages, and pre- and post-judgment interest and costs.

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