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In Brief: Roche v. Organon Teknika

This article was originally published in The Gray Sheet

Executive Summary

Roche v. Organon Teknika: Organon Teknika's NASBA gene amplification technology used in two HIV tests available in Europe does not infringe Roche's European patent for polymerase chain reaction amplification technology, according to a Dec. 14 ruling by the President of the District Court in The Hague, the Netherlands. Rejecting Roche's request for an injunction of NASBA sales ("The Gray Sheet" Sept. 11, In Brief), the court stipulates that Roche must publicly announce the contents of the judgment and refrain from disseminating "further misleading information on the alleged infringement," Teknika says. Teknika adds that it has initiated pre-emptive legal action in the UK, France and Germany "to obtain declarations of non-infringement and is preparing such action in other countries." Roche says it will review the district court's findings before deciding whether it will appeal...
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