Nucleonics Asks Appellate Court To Reconsider

Law360, New York (August 6, 2007, 12:00 AM EDT) -- Biotechnology company Nucleonics Inc. has asked the appellate court that dismissed its counterclaims against rival Benitec Australia Ltd. to reconsider its ruling en banc, the company said Monday.

Nucleonics filed a petition with the U.S. Court of Appeals requesting a rehearing of its 2-1 decision two weeks ago, which upheld a Delaware district court ruling that the Horsham, Penn.-based company lacked the subject matter jurisdiction required to seek declaratory judgment against Benitec over a patent covering gene silencing technology.

“Nucleonics believes its appeal was wrongly decided...
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