Genetic Technologies Sues Medical Diagnostic Laboratories

On Friday, September 28, 2012, Genetic Technologies (plaintiff) filed a complaint against Medical Diagnostic Laboratories (MDL) (defendant) for patent infringement in the U.S. Court of New Jersey (case no. 3:12-cv-06053).

Genetic Technologies is involved in genetic testing  and allied research aiming at uncovering the impact of DNA on health. Medical Diagnostic Laboratories serves primarily as a reference laboratory for Polymerase Chain Reaction (PCR) based testing to physicians, laboratories and hospitals worldwide.

The patent US5612179 involved is in suit is assigned to Genetic Technologies (source: MaxVal’s Assignment Database[i]). The patent titled Intron sequence analysis method for detection of adjacent and remote locus alleles as haplotypes was issued on March 18, 1997 and expires on March 18, 2014[ii], and relates to methods of analyzing of non-coding DNA sequences.

According to the complaint, MDL offers genetic carrier screening for Cystic Fibrosis (CF) using PCR amplification and allele-specific oligonucleotide hybridization. CF screening tests the CF Transmembrane conductance Regulator (CFTR) for the presence of 32 specific mutations. MDL’s analysis of the Poly T variation of CFTR gene allegedly infringes the above patent. Also MDL has analyzed non-coding polymorphisms linked to coding region alleles with a primer pair spanning a non-coding DNA region in the provision of its genetic carrier screening service, again infringing the above patent.

Genetics Technology has filed similar suits involving the same patent against the companies as listed below:

Company

Case No.

Patents Involved

Product Involved

Date Filed

Status

Beckman Coulter

3:10-cv-00069

US5612179

Non-coding DNA technologies

Feb 11, 2010

Pending

American Esoteric

1:11-cv-00057

US5612179

Testing services using non-coding information for Cystic Fibrosis

Jan 19, 2011

Pending

Applera Corporation

3:2003cv01316

US5612179 & US5851762

Cystic fibrosis reagent kits

Mar 26, 2003

Voluntary dismissal

 

For more details, visit MaxVal-IP and subscribe to our Litigation alerts



[i] MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.

[ii] Expected expiry date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.

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Tags: Alerts, Assignment, Diagnostic, Estimator, Genetic, Laboratories, Litigation, MaxVal, Medical, Patent, More…Technologies, Term

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