Patent Suit Dropped After Supreme Court “Safe Harbor” Ruling

Law360, New York (October 4, 2005, 12:00 AM EDT) -- After watching its case disintegrate in the wake of a recent U.S. Supreme Court decision, biotechnology company Benitec Australia Ltd. has dropped its patent lawsuit against rival Nucleonics Inc. over gene-altering technology.

Benitec sued Nucleonics for infringement in March 2004 in U.S. District Court for Delaware, asserting its patent for gene therapy that uses ribonucleic acid interference (RNAi) to silence certain genes.

Benitec’s motion to dismiss the case came in response to the Supreme Court’s landmark ruling in June that fundamentally changed the scope of the...
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