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USPTO Reaffirms Rejection of Helicos Patent


The United States Patent and Trademark Office has reaffirmed its rejection of the last of four patents owned by Helicos BioSciences that are subject to an inter partes reexamination.

In early January, the USPTO issued a so-called action closing prosecution for the patent, US Patent No. 7,767,400, in which it maintained its initial non-final rejection of all of its claims.

Last year, the office had already issued ACPs for the other three patents under reexamination, US Patents No. 7,037,687, No. 7,169,560, and No. 7,645,596 (IS 10/25/2012).

Pacific Biosciences had requested the reexamination of all four patents last year. The USPTO granted the request last spring, rejecting their claims in a non-final office action.

PacBio's request followed after Helicos sued PacBio, Life Technologies, and Illumina in 2010, claiming that their respective technologies infringe on the patents. That action is still ongoing.

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