Illumina announced that it has won the lawsuit by Helicos Biosciences. In 2010, Helicos Biosciences filed a lawsuit against Illumina for infringing against three of Helicos patents (7,037,687 (“‘687 Patent”), 7,169,560 (“‘560 Patent”), and 7,593,109 (“‘109 Patent”)). In the lawsuit, Helicos Biosciences accused Illumina of patent infringement in its sequencing technology for single molecule sequencing of DNA including its Genome Analyzer and HiSeq 2000.
Earlier this year, Helicos Biosciences voluntarily two of the three patent lawsuits leaving the 109 patent lawsuit against Illumina. The U.S. District Court for the District of Delaware gave the victory to Illumina by ruling that 109 patent by Helicos Biosciences is invalid for inadequate written description.
Announcing the news in a press release Jay Flatley, Illumina’s President and Chief Executive Officer, said
We are pleased that the court sided with Illumina in this lawsuit and found that the ‘109 patent was invalid. The court’s ruling on the ‘109 patent, and Helicos’s voluntary dismissal of the other patents in the suit, vindicates our position that we do not infringe any valid Helicos patent. While we respect valid and enforceable intellectual property rights of others, Illumina will continue to vigorously defend against unfounded claims of infringement.
In 2010, Helicos Biosciences also filed a lawsuit against Pacific Biosciences in addition to Illumina. Helicos accused that Pacific Biosciences has infringed U.S. Patent Nos. 7,645,596 (“‘596 Patent”), 7,037,687 (“‘687 Patent”), 7,169,560 (“‘560 Patent”), and 7,767,400 (“‘400 Patent”). Early this summer in May, Helicos Biosciences entered into a confidential settlement agreement with Pacific Biosciences to resolve the patent lawsuits (with PacBio paying an undisclosed amount).