US Court Grants MGI's Motion to Amend in Suit Against Illumina
USA - English
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SAN FRANCISCO, Feb. 23, 2021 /PRNewswire/ -- A judge in the U.S. District Court for the Northern District of California has granted MGI's motion for leave to amend to add a new inequitable conduct defense of patent infringement lawsuit that Illumina filed against MGI in February 2020 (Case No. 20-cv-01465).
During this patent prosecution process, MGI alleges that Illumina intentionally withheld or failed to disclose a reference to a paper by Terez Kovacs and Laslo Otvos ("Kovacs")
[1]. MGI asserts that the Kovacs reference is material, both because it discloses the same methodology that two of the inventors of the 7,541,444 patent used to convert nucleosides to nucleotides and also because it provides a motivation for a person of ordinary skill in the art ("POSITA") to convert nucleosides to nucleotides.