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Biotage is subject to extended patent litigation in the US

Thursday, 12 January 2012
Biotage AB has together with its subsidiaries Biotage GB Ltd and Biotage LLC (collectively “Biotage”) been sued for patent infringement of the US patents no 8,066,875 B2 and 8,070,957 in the U.S. District court for the Southern District of California. The lawsuit has been filed by Scientific Plastic Products, Inc.


These lawsuits relate to the same patent family (US patents 7,138,061, 7,381,327 and 7,410,571) that Biotage was sued for patent infringement in 2009. As previously announced, the 2009 law suit is currently subject to stayed litigation proceedings in the court while awaiting resolution from reexamination proceedings in the US Patent and Trademark Office. The US patent no 8,066,875 B2 is a continuation of the US patent no 7,381,327. This law suit, as the previous one, concerns primarily Biotage’s sale of the product line SNAP in the US. The US patent no 8,070,957 is a continuation of the US patent 7,410,571 and it is a method patent that relates to the use of FLASH chromatography products.

“Disputes concerning intellectual property rights are unfortunately becoming more and more common. It is yet too early for us to give a firm opinion on the status of this matter. Our preliminary analysis does indicate that we have a strong position and that the plaintiff does not have good cause for the alleged patent infringement. I do note that we so far have had a 100 percent success in the reexamination where we have requested USPTO to declare all claims of the US patents 7,138,061, 7,381,327 och 7,410,571 invalid.”, says Torben Jørgensen, CEO, Biotage AB.
Based on a press release

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