BGI wins partial lifting of Illumina injunction
Beijing-based BGI Genomics can continue to develop its DNA sequencing technology pending an appeal in a patent dispute with Illumina, a US federal court has ruled.
In an opinion issued Tuesday, August 11, the US District Court for the Northern District of California ruled that BGI can continue to develop products internally while it challenges an injunction.
Illumina was granted the preliminary injunction in June, prohibiting BGI from distributing sequencing systems and reagents on a “no-cost trial basis”.
The US genetics company has accused its Chinese rival of infringing three US patents covering DNA sequencing technology.
BGI appealed against the scope of the injunction, arguing that it should be allowed to continue to develop products internally without bringing them to market.
According to BGI, Illumina did not establish irreparable harm as a result of the Beijing company’s development activities: “If Illumina’s patents are held to be valid and infringed, BGI will not be able to capitalise on its internal development work.”
Illumina, meanwhile, opposed BGI’s request, arguing that it was too late in trying to exclude product development from the scope of the injunction.
The court has now sided with BGI on the issue, finding that to rule in Illumina’s favour would prevent BGI from developing products that, “if BGI prevails in this litigation, are not infringing”.
“It would also harm the public, as BGI is a key competitor of Illumina and its non-infringing products would benefit the public in the form of increased competition,” the court added.
In June, a BGI spokesperson called Illumina’s request for a preliminary injunction an “obvious attempt by Illumina to maintain its monopolistic market position and suppress the development of the industry for as long as possible”.
Illumina, meanwhile, claimed the decision to grant the injunction “validates that BGI has blatantly copied Illumina’s proprietary sequencing chemistry”.
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