Illumina loses more patents for DNA-sequencing technology

For years, patent holder Illumina has been in dispute with Chinese biotechnology company MGI over various patents for DNA sequencing technology. Now the EPO Opposition Division has revoked EP 3 363 809, covering modified nucleotides for polynucleotide sequencing.

Two out of three

EP 809 belongs to the same patent family as EP 3 002 289, which the Boards of Appeal revoked in spring this year. Illumina requested a referral to the Enlarged Boards of Appeal, which was rejected by the boards.

Having initially issued a preliminary opinion suggesting the patent would be upheld as granted, in the end the Opposition Division revoked the patent due to added subject matter. The reasoning is similar to a case concerning another patent of the same family, EP 3 587 433, covering “modified nucleotides”.

The EPO also revoked this patent in the first instance in February. Initially, Illumina appealed this decision, only to withdraw the appeal in June. Thus the revocation of EP 433 is final. However, Illumina can still appeal the decision regarding EP 809.

Trusted advisors

As with EP 433, a Hoffmann Eitle team represented Latvia MGI Tech in the current opposition against EP 809. MGI’s Chinese parent company had relied on Danish patent attorney firm Budde Schou in the opposition case against parent patent EP 289, while Hoffmann Eitle acted as strawman for another opponent.

As in all other oppositions, Illumina relied on the UK law firm Cooley, which also filed the patents from this family.

For Illumina
Cooley (London): Colm Murphy (partner, patent attorney)

For Latvia MGI Tech
Hoffmann Eitle (Munich): Lasse Weinmann (partner), Leo Polz (consultant); associate: Sebastian Giese (all patent attorneys)

For further background on the revocation case concerning the parent patent EP 289, see JUVE Patent’s previous article from 27.03.2023