Roche v. Promega PCR Taq patent validity trial will examine Cetus' conduct in obtaining patent.
This article was originally published in The Gray Sheet
Executive Summary
ROCHE V. PROMEGA TRIAL ON PCR TAQ ENZYME PATENT VALIDITY will seek to determine if Cetus, from which Roche acquired the technology, procured a Taq polymerase patent by "inequitable conduct." "Efficiency will best be served in this case by proceeding to trial as soon as possible on the issue of Cetus' intent to mislead [the Patent Trade Office]," Northern California U.S. District Court Judge Vaughn R. Walxer ruled in an Aug. 9 order. Walxer set a case management conference for Sept. 13, at which time a trial date will be set.