I am assuming that this is relevant to the IVGN/INCY suit -
LA JOLLA, Calif.--(BW HealthWire)--Oct. 23, 2001--Judge Alexander Williams, Jr., United States District Judge for the Southern District of Maryland, has entered an order finding that all but 18 of the 196 claims of Invitrogen's U.S. Patent No. 6,063,608 (``the '608 patent'') are invalid for being indefinite.
Stratagene is confident that it will prevail in demonstrating that its StrataScript(TM) reverse transcriptase products do not infringe any of the remaining claims of the '608 patent. ``The Court's decision affirms our original belief that our StrataScript products do not infringe Invitrogen's reverse transcriptase patents,'' said Dr. Joseph A. Sorge, Stratagene's chief executive officer. ``This decision is a victory for the entire scientific community since it removes an impediment to critical scientific research which should never have been present in the first place. Invitrogen has sought to assert its intellectual property beyond its legitimate bounds and expended the assets of its shareholders only to have patent claims decimated by a court of law. I do not understand their business strategy.''
Invitrogen Corp. (``Invitrogen'') had originally filed suit in the United States District Court for the District of Delaware alleging that Stratagene had infringed the claims of the '608 patent through its manufacture, sale and use of its StrataScript RNase H minus reverse transcriptase products. Following the granting of Stratagene's motion to transfer the case, the matter is currently pending in the United States District Court for the Southern District of Maryland (Greenbelt Division). The case against Stratagene is currently stayed pending the outcome of another litigation involving the same patent (Invitrogen Corp. v. Clontech Laboratories, Inc, Civil Action No. 00-1879 AW).
Stratagene develops and sells innovative biological products and instrumentation designed to improve the speed and accuracy of molecular biology and genomics research. Recognized as a leader in the life science research market since 1984, Stratagene's products are used by researchers at academic and industrial research laboratories worldwide to identify genes, study how cells are regulated by genes, determine the molecular mechanisms of health and disease, and search for new drug therapies.
For more information, please contact Marc R. Labgold, Piper, Marbury, Rudnick & Wolfe, LLP, at 202/861-3900 |
