12/2019
3 in ONE STRIKE – ILLUMINA PATENTS INVALIDATED BY CH KILGER
The European Patent Office has destroyed several patents belonging to Illumina, a US manufacturer of DNA sequencing machine and a market leader in the field.
Theses DNA sequencing patents are interesting for many competitors such as MGI and the BGI Group as well as QIAGEN, some of which are also in the midst of patent infringement proceedings.
The EPOs’ Boards of Appeal rejected Illumina’s appeal concerning EP 2 325 304 (T2248/14-3.3.08), resulting in the loss of the patent. Dr. Christian Kilger originally opposed this in patent in 2013. The first instance revoked the patent on Art. 123 (2) EPC grounds. This decision was now confirmed by the Bard of Appeals. The patent covers mutant DNA polymerases used in nucleic acid sequencing reactions, which is particularly important for sequencing-by-synthesis.
In addition, the EPO in The Hague revoked patent EP 2 338 893 B1. This patent dealt with nucleotides used in DNA sequencing reactions.
Finally, patent EP 1 451 351 B1 was revoked also by the EPO. The patent related likewise to labelled nucleotides.
Competitors in this market include the German company Qiagen and the Chinese manufacturer of genetic sequencers BGI Group, as well as MGI. The latter filed a patent infringement counterclaim against Illuminaat the US District Court for the Northern District of California in late September.
Overall, several patent disputes relating to Illumina’s DNA sequencing technique are still pending at the EPO. The costs of this technology have fallen sharply in recent years. As a result, companies are now fighting hard for market share in this cutting-edge technology.
CH KILGER Anwaltspartnerschaft is very proud to be able to represent clients in this vital and cutting edge area of medical diagnostics.
