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In Unusal Twist, Defendant Appeals Dismissal Of Biotech Patent Lawsuit

Law360 (October 5, 2005, 12:00 AM EDT) -- In a surprising show of confidence, biotechnology-company Nucleonics Inc. will appeal last Friday’s dismissal of the case brought against it by Benitec Australia, vowing to fight for its day in court to invalidate the patent asserted by its rival.

Benitec sued Nucleonics for infringement in March 2004 in the U.S. District Court for the District of Delaware, asserting its patent for gene therapy that uses ribonucleic acid interference (RNAi) to silence certain genes. However, based on fallout from a recent U.S. Supreme Court ruling, Benitec moved...
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