We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Federal Circuit Nixes Nucleonics' Patent Dispute

Law360 (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....
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.