Illumina Cambridge Ltd v Latvia MGI Tech SIA & Ors [2021] EWHC 57 (Pat)
This was a patent action concerning DNA sequencing technology.
Illumina was the proprietor of five patents which it alleged were infringed by MGI’s systems. Three of the patents related to a reversible chain terminator in sequencing by synthesis; one to the use of ascorbic acid in a fluorescent imaging buffer and the other to a conjugate molecule constating of a nucleotide, cleavable linker and fluorescent dye compound.
The Judge held that all but one of the patents were valid and that the patents were also infringed.
The case is notable for the discussions of insufficiency, following Regeneron v Kymab [2020] UKSC 27, and the novel (but unsuccessful) collocation attack against the conjugated molecule.
Iain Purvis QC, Piers Acland QC and Kathryn Pickard appeared for Illumina.