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Applera Corp. v. Illumina, Inc. (Fed. Cir. 2010)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- The Federal Circuit waded into the question of patent ownership in a dispute between a patent attorney and Applera-Applied Biosystems over patents involving nucleic acid sequencing technology in Applera Corp. v. Illumina, Inc. The case is unusual in at least three respects: the inventor is a lawyer, not a scientist; the patents are substantially prophetic in a technology that is heavily dependent on experimental results; and the dispute was resolved not on the basis of a patent law issue but with the Federal Circuit interpreting the provisions of California employment law. The result, while nonprecedential,...

Full post as published by Patent Docs on March 26, 2010 (boomark / email).