Court Rejects Motion To Declare Roche DNA Replication Technology Patents Unenforceable

Law360, New York (May 18, 2004, 12:00 AM EDT) -- A California U.S. District Court has refused to find Roche Diagnostics' portfolio of patents to its DNA replication technology unenforceable, dealing a setback to rival Promega in the decade-old battle over a technology widely used by medical and law enforcement officials.

But the court determined that Roche’s patent on the enzyme used by some practitioners to perform PCR, called "Taq," is unenforceable due to a finding of inequitable conduct.

Roche attorney Lanny J. Davis, a partner with Orrick, Herrington & Sutcliffe LLP, downplayed that determination, arguing...
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