Federal Circuit Nixes Nucleonics' Patent Dispute

Law360, New York (July 23, 2007, 12:00 AM EDT) -- A federal appeals court has upheld a decision to throw out Nucleonics Inc.’s declaratory judgment counterclaims of invalidity and unenforceability against Benitec Australia Ltd.’s patent covering gene silencing technology.

The U.S. Court of Appeals for the Federal Circuit sided with a Delaware district court Monday, concluding that the Horsham, Penn.-based biotechnology company lacked the subject matter jurisdiction required to seek declaratory judgment based upon alleged inventorship fraud against rival Benitec.

“Nucleonics has not made a showing of ‘sufficient immediacy and reality’ to support declaratory judgment jurisdiction....
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