Complete Genomics GNOM today announced that Magistrate Judge Elizabeth D. Laporte of the U.S. District Court for the Northern District of California issued an Order granting Complete's Motion for Partial Summary Judgment of invalidity in the patent infringement lawsuit filed against Complete by Illumina ILMN. In that lawsuit, filed in August 2010, Illumina alleges that Complete infringes U.S. Patent No. 6,306,597.
In her October 16, 2012 Order, Judge Laporte declared that Claim 1 and dependent Claims 9, 10, 14, 15, 16, 17, 18 and 19 of Illumina's '597 patent are all invalid due to prior art.
"We are very pleased that the Court agreed with the position we have maintained from the commencement of this litigation, that the primary claims in Illumina's '597 patent are invalid," said Dr. Clifford Reid, Complete's Chairman, President and Chief Executive Officer.
Illumina's only remaining allegation in the lawsuit is that Complete infringes Claims 2, 4 and 5 of the '597 patent. Given the Court's prior claim construction order, Complete strongly believes that it does not infringe these Claims and intends to continue to vigorously defend itself.
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