Biotage success in re-examination proceedings
– US Patent and Trademark Office’s Patent Trial and Appeal Board have affirmed the Examiner’s decisions to reject 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. Biotage then filed applications to the US Patent and Trademark Office for re-examination of all patent claims in the three patents mentioned above. At the same time Biotage submitted a request to stay the lawsuit in the district court pending the outcome of the re-examination proceedings. The court approved Biotage’s request and declared the district court lawsuit stayed until resolution of the reexamination proceedings.
The US Patent and Trademark Office’s Patent Trial and Appeal Board have now affirmed the Examiner’s decision to reject all claims of US patents 7,138,061, 7,381,327 and 7,410,571. SPP may file an appeal to the U.S. Court of Appeals for the Federal Circuit.
“We have all the way believed that we have a strong position and that the plaintiff did not have good cause for the alleged patent infringement. Now we have further assurance of our analysis of the legal situation.”, says Torben Jørgensen, CEO, Biotage AB.
Contact:
Torben Jörgensen, President and CEO
Tel: +46 707 49 05 84, torben.jorgensen@biotage.com
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 08.00 on 16 January, 2013
About Biotage
Biotage offers solutions, knowledge and experience in the areas of analytical chemistry and medicinal chemistry. The customers include the world’s largest pharmaceutical and biotech companies, and leading academic institutes. The company is headquartered in Uppsala and has offices in the US, UK, China and Japan. Biotage has 270 employees and had sales of 428.4 MSEK in 2011. Biotage is listed on the NASDAQ OMX Nordic Stockholm stock exchange. Website: www.biotage.com