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Cornell revives previously settled patent infringement lawsuit against Illumina


By Jesse Schwartz
Published: September 20th, 2017

A previously settled patent infringement lawsuit involving a Cornell University technology may be reentering the court system.

In 2010, Cornell and the start-up Life Technologies brought a lawsuit against Illumina, a provider of solutions for genetic research. Cornell and Life Tech claimed that Illumina’s microarray products infringed eight patents held by the university and exclusively licensed to the start-up. In May 2016, the U.S. District Court for the District of Delaware issued recommendations for claims reconstruction. In January, following comments by both parties, the court partly adopted and partly rejected those recommendations.

In April, both parties sought to have those prior rulings withdrawn. Cornell and Life Tech dismissed their claims against Illumina “with prejudice,” and the company dismissed its counterclaims “without prejudice.” Both parties covered their own legal costs.

Recently, however, Cornell and Life Tech separately requested to file exhibits for in camera, or private, review by the judge. For Cornell, this development is linked to a pending motion to exit the settlement with Illumina based on alleged fraudulence on the part of both Illumina and Life Tech. According to the university, Life Tech “made misrepresentations to Cornell and concealed a broader settlement agreement with Illumina to fraudulently induce Cornell to execute the settlement agreement.”

One document filed by Cornell for the motion addresses Illumina’s attempts to stay clear of the latest developments in the lawsuit.

 “Illumina tries to avoid the consequences of its conduct by asserting that this is a dispute between Cornell and Life Tech that can be resolved in a proceeding limited to those parties,” the document reads. “Those remedies cannot adequately address the injuries caused to Cornell.”

Source: GenomeWeb

Posted under: Tech Transfer e-News

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