High Court Declines To Hear Final Nucleonics Appeal

Law360, New York (April 21, 2008, 12:00 AM EDT) -- The U.S. Supreme Court on Monday quashed a final bid by biotechnology company Nucleonics Inc., declining to review the Federal Circuit's decision to dismiss Nucleonics' counterclaims in Benitec Australia Ltd.'s suit over a gene-silencing patent, which Benitec had withdrawn.

The high court decision ends Nucleonics' quest for declaratory judgment against Benitec, leaving the Melbourne, Australia-based company's patent intact.

Benitec initially sued Nucleonics in 2004 in the U.S. District Court for the District of Delaware, alleging Nucleonics infringed its patent related to RNA-based disease therapy.

But in...
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