Nanopore Responds to Illumina Suit
Oxford Nanopore has yet to file an answer to the lawsuit. A footnote in its ITC letter reads, “The asserted patents, even if valid and construed in extremis, only cover the single-use disposable nanopore flowcell used with device and not the device itself. Moreover, the asserted patents related to a single, specific type of nanopore comprised of Mycobacterium smegmatis (Msp) porin. Oxford Nanopore’s devices can be configured to work with any pore.” Science reported this month that the firm’s new systems will use the membrane protein CsgG.
Washington, DC 3/8/16—In a letter to the US International Trade Commission (ITC), Oxford Nanopore denied infringement of a patent held by Illumina that is the subject of a federal suit and complaint filed with the ITC by Illumina (see IBO 2/29/16). Oxford Nanopore contends that Illumina’s actions are intended to “stifle competition,” that it believes Illumina would be unable to commercialize a nanopore sequencer due to Oxford Nanopore’s patents, and that excluding Oxford Nanopore’s devices “would harm the public interest.” Oxford Nanopore wrote, “Indeed, all of Illumina’s nanopore-specific IP was filed or acquired by Illumina subsequent to 2008 when Oxford Nanopore gave Illumina confidential presentations of its nanopore technology prior to the two parties entering into a Commercialization Agreement.” In 2013, Illumina sold its stake in the firm and dissolved the agreement. Oxford Nanopore also alleges that Illumina secretly negotiated with the University of Washington for nanopore-related patents.
