Roche v. Promega split decision
This article was originally published in The Gray Sheet
Executive Summary
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)...