NEW YORK (GenomeWeb News) – LadaTech said after the close of the market yesterday that it has served Illumina with its previously filed patent infringement suit.
The Larchmont, NY-based firm, which is jointly owned by GlaxoSmithKline and IP Finance Holdings, initially filed the suit in August.
Specifically, LadaTech alleges that Illumina's Genome Analyzer and related products and services infringe US Patent 6,107,023, "DNA Amplification and Subtraction Techniques," which was issued in 2000. The patent, which includes among its claims a "method of amplifying a mixture of DNA fragments by repeated linker/primer replication," was originally assigned to Genelabs, which GlaxoSmithKline acquired in January for $57 million.
LadaTech claims in the suit that it now owns all rights to the patent, which was the subject of a re-examination request filed by a third party on behalf of Illumina in January 2008.
"We have sought to grant a license to Illumina on reasonable terms, but Illumina has refused to enter into a license agreement and to pay what it owes for its infringing use of the '023 patent invention," LadaTech President and CEO Nicholas Didier said in a statement. "Based on this refusal, LadaTech has concluded that litigation is its only remaining option to protect its intellectual property."