NEW YORK — Pacific Biosciences said on Friday that the China National Intellectual Property Administration (CNIPA) has invalidated a sequencing technology patent controlled by Taiwan's Personal Genomics, which had earlier sued PacBio for infringing its IP in China and the US.
In a filing with the US Securities and Exchange Commission, PacBio said it was sued by Personal Genomics in mid-2020 for infringing Chinese Patent No. CN101743321B, entitled "Bioassay system including optical detection apparatuses, and method for detecting biomolecules." The patent originated with Taiwan's Industrial Technology Research Institute and was licensed to Personal Genomics, which was spun out of the institute in 2010.
In response, PacBio sought to have the patent invalidated on grounds of insufficient disclosure as well as lack of support, essential technical features, clarity, novelty, and inventiveness. In the SEC filing, PacBio said that earlier this month, the CNIPA found all claims in the patent to be invalid.
With the CNIPA decision in hand, Menlo Park, California-based PacBio said it intends to ask for the dismissal of Personal Genomics' lawsuit in China.
In late 2019, Personal Genomics also sued PacBio in the US District Court for the District of Delaware for infringing the US counterpart of the now-invalidated Chinese patent. That case remains ongoing.