Promega, Roche enabling technology news
A U.S. District Court judge in San Francisco set a Sept. 13 conference to set a trial date in the companies' dispute over Taq polymerase, which is used in PCR. Roche has sued Promega, alleging that the latter infringes U.S. Patent No. 4,889,818, which covers purified Thermus aquaticus (Taq) DNA polymerase. Roche acquired worldwide PCR rights from Cetus Corp. in 1991.
Judge Vaughn Walker this month denied Promega's motion for summary judgment to invalidate the patent based on Cetus's alleged misrepresentation of material fact and intent to mislead the Patent and Trademark Office. The court agreed that Cetus made material misstatements and withheld material information from the PTO. But the court said it could not conclude there was intent to mislead without more evidence. The trial will consider whether Cetus intentionally misled the PTO. ...