Pacific Biosciences Prevails in Patent Eligibility Ruling Against Oxford Nanopore
March 22 2018 - 4:35PM
Pacific Biosciences of California, Inc. (Nasdaq:PACB), the leader
in long-read, high-resolution sequencing, today announced that
Judge Leonard P. Stark of the U.S. District Court for the District
of Delaware denied a motion to dismiss filed on December 14, 2017
by Oxford Nanopore Technologies, Inc., a wholly-owned subsidiary of
Oxford Nanopore Technologies Ltd.
ONT had sought to dismiss Pacific Biosciences’ complaint for
infringement of U.S. Patent No. 9,738,929 by alleging that the
patent’s claims recite ineligible subject matter. A hearing on the
matter was held on February 27, 2018 and the ruling by Judge Stark
was issued on March 22, 2018. In its ruling, the Court disagreed
with ONT’s contentions and also took note of the inconsistent
statements made by ONT in front of the U.S. International Trade
Commission and in prosecuting ONT’s own, later-filed patent
applications.
“We are pleased with the Court’s decision to deny ONT’s motion
to dismiss,” said Dr. Michael W. Hunkapiller, Chief Executive
Officer of Pacific Biosciences. “We believe that the patents we
have asserted against ONT cover important inventions that ONT has
misappropriated, and we look forward to the next phases in this
litigation. As a pioneer and leader in the field, Pacific
Biosciences has developed a broad intellectual property estate and
we remain firm in our resolve to protect our leadership position in
the field we have created.”
This ruling follows a decision by Judge Richard G. Andrews last
November denying a motion to dismiss filed by ONT in a companion
case brought by Pacific Biosciences in the U.S. District Court for
the District of Delaware for infringement of U.S. Patent No.
9,546,400. A trial for these matters, along with Pacific
Biosciences’ complaint for infringement of U.S. Patent No.
9,678,056 (which ONT did not seek to dismiss), is scheduled to
occur in early 2020.
About Pacific BiosciencesPacific Biosciences of
California, Inc. (NASDAQ:PACB) offers sequencing systems to
help scientists resolve genetically complex problems. Based on its
novel Single Molecule, Real-Time (SMRT®) technology, Pacific
Biosciences’ products enable: de novo genome assembly to finish
genomes in order to more fully identify, annotate and decipher
genomic structures; full-length transcript analysis to improve
annotations in reference genomes, characterize alternatively
spliced isoforms in important gene families, and find novel genes;
targeted sequencing to more comprehensively characterize genetic
variations; and real-time kinetic information for epigenome
characterization. Pacific Biosciences’ technology provides high
accuracy, ultra-long reads, uniform coverage, and the ability to
simultaneously detect epigenetic changes. PacBio® sequencing
systems, including consumables and software, provide a simple,
fast, end-to-end workflow for SMRT Sequencing. More information is
available at www.pacb.com.
Forward-Looking StatementsAll statements in
this press release that are not historical are forward-looking
statements, including, among other things, statements relating to
legal proceedings to enforce patent rights, the validity or
enforceability of patents or other intellectual property rights,
future availability, uses, quality or performance of, or benefits
of using, products or technologies, and other future events. You
should not place undue reliance on forward-looking statements
because they involve known and unknown risks, uncertainties,
changes in circumstances and other factors that are, in some cases,
beyond Pacific Biosciences’ control and could cause actual results
to differ materially from the information expressed or implied by
forward-looking statements made in this press release. Factors that
could materially affect actual results can be found in Pacific
Biosciences’ most recent filings with the Securities and
Exchange Commission, including Pacific Biosciences’ most recent
reports on Forms 8-K, 10-K and 10-Q, and include those listed under
the caption “Risk Factors."
Pacific Biosciences undertakes no obligation to revise or update
information in this press release to reflect events or
circumstances in the future, even if new information becomes
available.
Contacts
Media: Nicole Litchfield415.793.6468nicole@bioscribe.com
Investors:Trevin Rard650.521.8450ir@pacificbiosciences.com
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