PCR Enzyme Patent Dispute Leads To Overbilling Charges; DoJ Takes A Pass
This article was originally published in The Gray Sheet
Executive Summary
The Department of Justice says it will not intervene in a Promega civil action alleging that Roche overbilled the government for Taq enzyme-related products, and seeking redress under the False Claims Act
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Roche v. Promega split decision
Roche is preparing litigation against Promega for infringing its polymerase chain reaction patents, following a 1San Francisco District Court ruling that failed to substantiate Promega's assertion that Roche's '195 and '202 patents are unenforceable. Meanwhile, Promega applauds the court's dismissal of Roche's '818 Taq enzyme patent claims based on a finding of "inequitable conduct." Roche will appeal the Taq ruling, although the firm notes that several other enzymes can facilitate PCR. Promega will take advantage of an invitation from Judge Vaughn Walker to submit additional evidence before he makes a final ruling on the '195 and '202 patents. Litigation surrounding the Taq patent has continued for over a decade. Most recently, Promega revealed a lawsuit alleging False Claims Act violations in Eastern Virginia District Court (2"The Gray Sheet" Nov. 17, 2003, p. 10)...
Roche v. Promega split decision
Roche is preparing litigation against Promega for infringing its polymerase chain reaction patents, following a 1San Francisco District Court ruling that failed to substantiate Promega's assertion that Roche's '195 and '202 patents are unenforceable. Meanwhile, Promega applauds the court's dismissal of Roche's '818 Taq enzyme patent claims based on a finding of "inequitable conduct." Roche will appeal the Taq ruling, although the firm notes that several other enzymes can facilitate PCR. Promega will take advantage of an invitation from Judge Vaughn Walker to submit additional evidence before he makes a final ruling on the '195 and '202 patents. Litigation surrounding the Taq patent has continued for over a decade. Most recently, Promega revealed a lawsuit alleging False Claims Act violations in Eastern Virginia District Court (2"The Gray Sheet" Nov. 17, 2003, p. 10)...
Roche To Appeal Native Taq Ruling To Defend Scientific Integrity
Roche Molecular Systems and parent company Hoffman-La Roche intend to appeal a Dec. 7 San Francisco federal district court ruling that the firm's native Taq polymerase patent is "unenforceable" because of inequitable conduct during Cetus Corp.' s patent application process in 1986, Roche said Dec. 8.