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Medical Devices / Regulatory Affairs / Commercial Operations

U.S. Supreme Court to Review DNA Test Kit Patent Battle

July 7, 2016
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The Supreme Court has agreed to review a patent-infringement case between Life Technologies and Promega involving genetic testing technology.

One month after the federal government urged the high court to review the case, the Supreme Court agreed to grant Life Tech’s petition for a writ of certiorari stating, “the federal circuit’s holding is incorrect, and it subjects domestic exporters to the threat of liability for supplying a single staple article into the global stream of commerce.”

The Supreme Court’s review will shed light on the federal circuit ruling from 2014 on whether supplying a single component of a multicomponent invention from the United States is an infringing act under patent law that would expose a manufacturer to liability for worldwide sales.

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