New Chapter in Decade Long Patent Fight Among DNA Diagnostics Leaders

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Enzo Life Science’s U.S. Patent No. 6,992,180 entitled “Oligo- or Polynucleotides Comprising Phosphate-Moiety Labeled Nucleotides” (“the ’180 patent”) issued in January of 2006.  The patent traces back to an application filed in June 1982.  After a series of continuation applications, a June 7, 1995 filing ultimately gave rise to the ’180 patent.  Because it was filed just before the GATT treaty effective date, the ‘180 patent will expire in 2023 — 17 years from the day the patent issued and 41 years after the original patent filing.

On January 30 of this year, Enzo sued Roche, Life Sciences, and Gen-Probe in the federal district court of Delaware, alleging that certain diagnostic probe products infringe the ’180 patent.  In particular, Enzo asserts that Roche’s HIV and hepatitis C diagnostic tests, Life Technologies’ TaqMan® line of assays, and Gen-Probe’s APTIMA® assays for chlamydia, gonorrhea, trichomoniasis, HPV, HIV, and hepatitis C all infringe the ’180 patent.

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Published In: Intellectual Property Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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