DuPont Unit's Early Ethanol Enzyme Patent Suit Gets Boot

Law360, New York (January 9, 2013, 1:17 PM EST) -- A California federal judge on Monday tossed a preemptive patent lawsuit by DuPont Co.'s subsidiary Danisco A/S against rival biotechnology company Novozymes A/S, saying Danisco didn't face a sufficient threat of legal action.

Danisco sued in August, seeking a ruling that its genetically engineered enzymes for converting corn into ethanol didn't infringe Novozymes's recently issued patent for a similar enzyme. Danisco claimed Novozyme sought out the patent specifically to sue.

But U.S. District Judge Richard Seeborg ruled that while Danisco had reason to be concerned that...
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