A lawsuit was filed against Biotage by Scientific Plastic Products, Inc. concerning alleged infringement of the US patents no 7,138,061, 7,381,327 and 7,410,571.
Biotage then filed an application to the US Patent and Trademark Office applying 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 have now declared all claims of US patent 7,381,327 rejected. It is possible to file a notice of appeal. Decisions are expected concerning the two other patents later this year.
"Our initial analysis indicated that we have a strong position and that the plaintiff did not have good cause for the alleged patent infringement. The decision of the US Patent and Trademark Office confirms our assessment of the legal situation.", says Torben Jørgensen, CEO, Biotage AB.