Genetic Technologies (ASX:GTG; NASDAQ:GENE) has revealed that the United States District Court for the Middle District of North Carolina has denied a motion brought by pharmaceutical giant GlaxoSmithKline (NYSE:GSK) to dismiss the patent infringement law suit brought against it by GTG.
This action was initially brought by GTG against GSK in 2011, in the District Court of Colorado, but was then moved at the request of GSK to the District Court for the Middle District of North Carolina.
Thereafter, both sides filed motions in support of their different legal perspectives.
Most recently on June 27, 2014, GSK moved to have GTG’s Second Amended Complaint dismissed, arguing the relevant GTG patent covers natural phenomena or laws of nature that are not entitled to patent protection.
On August 22, 2014, the Court issued an Order denying GSK’s motion to dismiss.
This significant success follows the separate success reported on March 12, 2014, when a similar motion to dismiss filed by Agilent in the Northern District of California was also denied.
Genetic is an established diagnostics company with more than 20 years of experience in genetic testing, non- coding DNA and product patenting.
Genetic is focused on the commercialisation of its patent portfolio through an active out-licensing program and the global expansion of its oncology and cancer management diagnostics assets.
Its U.S. subsidiary, Phenogen Sciences Inc., offers predictive testing and assessment tools to help physicians manage women’s health.
Phenogen’s lead product, BREVAGen, is a first in class risk assessment test for non-familial breast cancer.
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