Obtained Summary Judgment for Biotechnology Manufacturer in Patent Litigation Relating to DNA Fingerprinting Technology

June 20, 2013

Promega Corporation v. Applied Biosystems, LLC, Life Technologies Corporation, and California Institute of Technology (N.D. Ill.)

On behalf of biotechnology manufacturer Promega Corporation, Robins Kaplan LLP obtained summary judgment of invalidity of all asserted claims—a complete victory for our client—in patent litigation relating to DNA fingerprinting technology. In the case before the U.S. District Court for the Northern District of Illinois, Promega prevailed in its arguments that the claims of U.S. Patent No. RE43,096, asserted against Promega, were invalid, in part due to the breadth of the claim constructions that defendants sought and obtained. On appeal, six days after oral argument, the district court decision was summarily affirmed by the Federal Circuit.

Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.

Cyrus A. Morton


Chair, Patent Office Trials Group;
Member of Executive Board

Denise S. Rahne


Co-Chair, Wealth Planning, Administration, and Fiduciary Disputes Group

Jamie R. Kurtz


Co-Chair, Health Care Litigation Group

Li Zhu


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