Biotage continued success in re-examination proceedings
US Patent and Trademark Office will issue reexamination certificates rejecting all claims in US patents 7,138,061, 7,381,327 and 7,410,571.
A lawsuit was filed against Biotage by Scientific Plastic Products, Inc. (“SPP”) concerning alleged infringement of the US patents no 7,138,061, 7,381,327 and 7,410,571 (“Patents”). Biotage then filed requests with the US Patent and Trademark Office (“USPTO”) for reexamination of all patent claims in the Patents. At the same time Biotage moved to stay the lawsuit in the district court pending the outcome of the re-examination proceedings with the consent of SPP, and the court stayed the district court lawsuit pending resolution of the reexamination proceedings.
On September 10, 2014, the U.S. Court of Appeals for the Federal Circuit affirmed the US Patent and Trademark Office’s Patent Trial and Appeal Board’s decision to reject all claims of the Patents. On June 1, 2015, the U.S. Supreme Court denied SPP’s petition to review the Federal Circuit’s decision. SPP has now exhausted all possibilities to seek review or reconsideration of the USPTO’s rejections. It is expected that the USPTO will issue reexamination certificates canceling all claims of the Patents and the district court will dismiss all claims of alleged infringement of the Patents with prejudice.
“I am very pleased to see that we have come to an end with the situation around these patents.”, says Torben Jørgensen, CEO, Biotage AB.
Biotage has also filed requests for reexamination of all patent claims in the US patent no 8,066,875 B2, which is a continuation of US patent no 7,381,327, and US patent no 8,070,957, which is a continuation of the US patent 7,410,571. All claims of the ‘875 and ‘957 patent are rejected, and SPP has appealed to the USPTO Patent Trial and Appeal Board. SPP asserted these patents in district court in a separate lawsuit, which is also stayed pending reexamination.
“We are confident that the outcome of the reexaminations of the US patents 8,066,875 B2 and 8,070,957 will be the same as the reexaminations of the US patents no 7,138,061, 7,381,327 and 7,410,571.”, Torben Jørgensen, further states.
Biotage discloses the information provided herein pursuant to the Swedish Securities Markets Act and/or the Swedish Financial Instruments Trading Act. The information was submitted for publication at 08.30 on 16 June 2015.
About Biotage
Biotage offers efficient separation technologies from analysis to industrial scale and high quality solutions for analytical chemistry from research to commercial analysis laboratories. Biotage’s products are used by government authorities, academic institutions, pharmaceutical and food companies, among others. The company is headquartered in Uppsala and has offices in the US, UK, China and Japan. Biotage has approx. 290 employees and had sales of 490 MSEK in 2014. Biotage is listed on the NASDAQ OMX Stockholm stock exchange. Website: www.biotage.com
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