Illumina Challenges Ownership Rights for Patent Covering Parallele Technology Acquired by Affymetrix
Illumina, Inc. announced that it has made a formal filing with the United States Patent and Trademark Office (USPTO) requesting Interference with U.S. Patent Number 6,858,412. The '412 patent relates to the molecular inversion probe genotyping technology of ParAllele BioScience, which was recently acquired by Affymetrix.
An Interference is a proceeding instituted in the USPTO for determining priority of invention between two parties claiming the same invention. The party identified as the first to invent is ultimately awarded ownership and entitlement to the invention under US patent law. The invention at issue, although not currently in use at Illumina, was invented by Illumina scientists during the course of early research and development at the company. Illumina's request for interference is based on an Illumina patent application describing the invention and filed prior to the '412 Patent. The earlier filing date is expected to establish Illumina as the "senior party" in the Interference proceeding, placing on the '412 patent inventors the burden of proof to establish an earlier date of invention.
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