USITC launches drug research patents probe
German biopharma company’s complaint against Palo Alto competitor prompts commission to investigate | Patents in dispute relate to bio-layer interferometry.
The US International Trade Commission (USITC) will begin an investigation into whether a rival is infringing Sartorius Bioanalytical Instruments’ patents.
Announced on November 23, the investigation will consider if Palo Alto-based Gator Bio is infringing four patents related to bio-layer interferometers, biosensors, and kits containing biosensors and reagents.
Bio-layer interferometry is a technique for analysing the interaction between two different types of biological molecules.
According to Sartorius’s complaint, filed in late October, Gator Bio is violating section 337 by importing into and selling its products within the US. Sartorius has asked the USITC to issue a limited exclusion order and a cease-and-desist order.
A USITC administrative law judge will soon schedule and hold an evidentiary hearing for the complaint, before making an initial determination as to whether there is a violation of section 337.
The trade commission said it would set a target date for completing the investigation within 45 days of the institution of the investigation.
In March this year, Sartorius also filed a suit against Gator Bio at the US District Court for the Northern District of California, accusing the company of infringing the same patents.
Gater Bio, in response, has sought to dismiss the complaint for failure to state a claim, alleging that Sartorius made “assertions of direct, indirect, and wilful infringement of four patents but offers little by way of specific, factual allegations to support these claims”.
It added: “The core grievance that Sartorius continues to allege is that Gator Bio sells certain products: ‘a line of Gator Biosensor Probes designed for use with the Gator Bioanalysis System line of devices’.
“But the fact that one of the named defendants sells a product line, without more, cannot be the basis for patent litigation, let alone warrant subjecting either of defendants to the significant burden and expense of defending against such litigation or the accompanying discovery into their technology.”
Responding, Sartorius said that Gater Bio’s motion to dismiss rests on the argument that Sartorius’s complaint “does not at least contain factual allegations that the accused product practices every element of at least one exemplary claim” from each asserted patent.
Sartorius said that its complaint contains “more than enough factual information to place defendants on notice of what activity is being accused of infringement”.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories sent like this straight to your inbox.
