It's another appearance in the law courts for British-based OGT, who in recent years have become embroiled in a series of high profile cases involving numerous biotech companies and patent infringement. According to court documents, this suit alleges that by selling OGT's BeadChip microarray products, BioArray Solutions is infringing on US Patent No. 6,307,039, 6,770,751; and 7,192,707. The documents continue, alleging that New Jersey-based BioArray Solutions and its own BeadChip product infringe on OGT's rights to the technology outlined in the three patents. OGT are seeking damages for each of the patents violated, along with prejudgement interest, permanent injunctive relief and representation fees and costs. According to OGT, the decision to take civil action was because: "BioArray has infringed, and is still infringing, either literally or under the doctrine of equivalents, at least one claim of the '039 patent in this District and elsewhere by making, using, importing, offering for sale, and/or selling its products, including at least its BeadChip products." "BioArray has induced, and still is inducing, the infringement of the '039 patent in this District and elsewhere by selling products, including at least its BeadChip products, that when used as intended and directed by BioArray, infringe at least one claim of the '039 patent," it continued. Two of the patents allegedly infringed upon by BioArray Solutions concern a method used to analyse a polynucleotide containing an unpredictable sequence. The remaining patent deals with a method used to analyse polynucleotide targets using tethered oligonucleotide probes. BioArray's BeadChip format combines microparticle ("bead") chemistry with semiconductor wafer processing. The result is a universal array format for complex nucleic acid and protein analysis. On BioArray's website, the company claimed to have; "developed an extensive patent position covering all aspects of the BeadChip system including microparticle chemistry, as well as methods of designing and implementing complex multiplex molecular analysis and cellular analysis." If previous court appearances are anything to go by, OGT will be relishing the fight ahead as they aim to make it a hat trick of victories. The start of 2005 saw OGT's opponents, Mergen Ltd, agree to purchase a license to settle infringement of OGT technology concerning expression chips and microarrays. OGT also filed suit in 1999, when it took Affymetrix to the court claiming the California-based company was using similar technology. The dispute was settled in 2001 when Affymetrix paid out $19m in damages.
