Sigma-Aldrich and Oxford BioMedica have announced that they received a key order confirming the strength and validity of intellectual property owned by Oxford BioMedica and licensed exclusively in the research field to Sigma-Aldrich.
The ruling was part of the construction of patent claim terms in the patent infringement suit brought against Open Biosystems, Inc. The lawsuit, which is pending in the U.S. District Court for the Eastern District of Missouri, alleges that Open Biosystems infringes U.S. Patent Nos. 6,924,123 and 7,056,699 entitled Lentiviral LTR Deleted Vector, which are owned by Oxford BioMedica and exclusively licensed to Sigma-Aldrich for research use, by selling, among other products, Open Biosystems' Lentiviral shRNAmir Library. In his order U.S. District Judge Charles A. Shaw concluded "that the constructions of the disputed terms and phrases proposed by plaintiff are correct."
David Smoller, President, Research Biotechnology Business Unit of Sigma-Aldrich said: "We are gratified and very pleased that the Court has adopted Sigma's and Oxford's definitions of all disputed claim terms in this case. This Order reinforces Sigma's belief that the Oxford Biomedica patents are "core patents" in the RNA-interference field, and validates Sigma's decision to license these patents and make other significant investments in creating a comprehensive portfolio of intellectual property that allows our customers to use this extraordinary technology without fear of interference or unfair competition. We will continue to vigorously defend Oxford's extraordinary inventions and Sigma's investment in this valuable intellectual property."