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www.fdanews.com/articles/81380-benitec-successfully-resolves-patent-infringement-litigation

BENITEC SUCCESSFULLY RESOLVES PATENT INFRINGEMENT LITIGATION

October 4, 2005

Benitec Ltd. (ASX: BLT — News), a leading developer of RNA interference (RNAi)-based therapeutics, announced today that the lawsuit between Benitec and Nucleonics, Inc. previously pending in the United States District Court for the District of Delaware has been dismissed without prejudice to future rights. Benitec filed a motion to dismiss the suit in light of the Supreme Court's recent decision in Merck KGAA v. Integra Lifesciences I, Ltd. in which the Court changed the nature and scope of the "safe harbor" exemption for drug development.
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