Fluorescent dyes at centre of patent and TM lawsuit

Fluorescent reagent company Biotium has filed a complaint against biotech company Genecopoeia for patent and trademark infringement, as well as unfair competition.

Both companies provide fluorescent dyes for life sciences research.

The case was filed on Friday, March 17 at the US District Court for the Northern District of California.

It alleged that Genecopoeia infringed Biotium’s US patent numbers 8,092,784 and 8,586,325, both of which are titled “Enzyme substrate comprising a functional dye and associated technology and methods”.

Biotium also accused its rival of trademark infringement of its dye products NucView, MitoView, LysoView and Live-or-Dye.

Genecopeia allegedly sold products under the names NucView, Live-or-Die, MitoView and Lysoview.

“Genecopoeia’s operations, advertising, and virtually identical products … [are] likely to cause confusion, deceive, and mislead the relevant consuming public as to the origin or sponsorship of Genecopoeia’s biotechnology products, all to the profit of Genecopoeia and to Biotium’s detriment,” said the lawsuit.

Biotium added that it had suffered “irreparable harm” as a result of Genecopoeia’s conduct.

It has asked the court for a permanent injunction, damages, a jury trial, and an account of profits.

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