Molecular Probes Wins Summary Judgment of No Infringement from Judge Sullivan

Enzo Biochem, Inc. et al. v. Molecular Probes, Inc.

Case Number: 1:03-cv-03816-RJS (Dkt. 140)

The court granted Molecular Probes, Inc.’s motion for summary judgment of non-infringement of U.S. Patent No. 5,241,060, entitled “Base moiety-labeled detectable nucleotide.” The accused products are DNA, RNA, PNA and other oligonucleotides and polynucleotides, “which – as their prefixes suggest – are not single nucleotides.” The court, however, after examining the claim language and Enzo’s statements to the USPTO, construed claim 1 to cover labelling of only single nucleotides, and so granted summary judgment for Molecular. 

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