Oakland, California 6/30/08—Corbett Life Science has filed a claim in the US District Court for the Northern District of California seeking declaratory judgment of noninfringement, invalidity and/or unefforceability of Applied Biosystems’ US Patent No. 6,814,954 (Instrument for Monitoring Nucleic Acid Amplification). In the claim, Corbett stated that the filing is in response to a letter from Applied Biosystems charging the company with infringement of the Patent. Corbett stated that there is “a real and imminent danger” of Applied Biosystems filing suit against the company in the US. Corbett’s claim further asserts that the Patent is unenforceable due to inequitable conduct before the US Patent and Trademark Office, including the intent of the patent holder, Dr. Russell Gene Higuchi, to deceive the Office by claiming that he was the sole inventor. The filing asserts that Dr. Gavin Dollinger is a co-inventor. Applied Biosystems has not yet filed a response with the court. In April, Applied Biosystems filed a patent infringement complaint against the company with the German District Court, alleging that Corbett’s Rotor-Gene systems infringes EPO 0872 562, the European version of the Patent.