Siemens Healthcare Diagnostics, Inc. (Walpole, MA) filed suit under 35 U.S.C. § 146 to appeal the decision of the Board of Patent Appeals and Interferences in Interference No. 105,489 which ruled that defendant Enzo Life Sciences (Farmingdale, NY) first invented the subject matter in patent application 08/479,995 prior to the invention by Bayer (Siemens’ predecessor in interest) of the subject matter in Patent No. 5,124,246. The technology in question involves assays utilizing polynucleotide sequences.
Enzo’s original priority date is March 5, 1983(!), which Siemens alleges was artificially extended through a “chain of applications.” The patent from the ‘995 application would be Enzo’s first on out of the chain and would enjoy a 17 year term.
The complaint alleges a number of alleged failures by the BPAI (including failing to decide patentability under §§ 102 and 103, failing to find the interference time barred, etc.) but focuses its factual pleadings on the BPAI’s alleged failure to hold the patent unenforceable for prosecution laches.
Siemens Healthcare Diagnostics, Inc. v. Enzo Life Sciences, Inc., 10-40124-TSH (D. Mass. July 9, 2010)
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