NEW YORK (GenomeWeb News) – The Research Foundation of the State University of New York has filed a suit against Bruker and Varian for allegedly infringing a patent it owns covering spectroscopic equipment used for protein research.
The suit was filed this week in the US District Court for the Northern District of New York. It alleges that Bruker and Varian are infringing the university's patent, US No. 6,831,459, entitled "Method of Using G-matrix Fourier Transformation Nuclear Magnetic Resonance (GFT NMR) Spectroscopy for Rapid Chemical Shift Assignment and Secondary Structure Determination of Proteins."
Although the suit does not name specific products, it alleges that Bruker and Varian are both "making, using, selling, offering for sale, and/or importing into the United States, without authority, spectrometers and related products that practice methods of the '459 patent."
The SUNY Research Foundation has asked the court to declare that Bruker and Varian have infringed and continue to infringe the '459 patent, to judge the infringement as willful and award treble damages, and to issue an injunction against those firms selling allegedly infringing products.
SUNY received the patent on Dec. 14, 2004, but it did not state in the lawsuit when it believes Bruker and Varian began infringing that patent.