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Mirus, Fugent Settle Patent Litigation

NEW YORK (GenomeWeb News) – Mirus Biosciences and Fugent have settled a lawsuit in which Mirus alleged Fugent infringed on a patent covering a method for gene transfer.

Fugent said in a statement today that the litigation was "resolved to Fugent's satisifaction and with no monetary compensation or other damages being paid by Fugent to Mirus." Mirus had asked for treble damages and attorney's fees in its complaint.

Fugent will now be able to commercialize its Fugene 6 and Fugene HD product without legal challenge by Mirus, Fugent said.

Fugene 6 and Fugene HD products are distributed by Promega.

Mirus did not respond to a request for comment.

Mirus sued Fugent in September in US District Court, Western District of Wisconsin, claiming Fugent, in particular its Fugene 6 transfection agent, infringed on US Patent Number 5,744,335, held by Mirus.

According to the patent's abstract, the invention provides a method for transfecting a cell with a polynucleotide mixed with amphipathic compounds and DNA-binding protein.

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