Suit Challenges USPTO Decision On Biotech Dispute

Law360, New York (November 28, 2005, 12:00 AM EST) -- Seeking to overturn a decision by the U.S. Patent and Trademark Office, Danish biotechnology company Novozymes AS has sued its primary rival Genencor International Inc. in federal court in a challenge to Genencor’s patent priority dates.

In the complaint, Novozymes asserts the USPTO’s Board of Patent Appeals and Interferences erred in its interpretation of the enzyme-producing technology and disregarded key requirements for construing interference counts.

As a result, the earliest invention date was mistakenly granted in late September to Genencor’s scientists, according to the suit filed...
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