Promega defends Federal Circuit's ruling at SCOTUS in DNA test kit case

By Barbara Grzincic

Genetic-testing company Life Technologies Corp and the Obama administration are seeking an "absurd and arbitrary" interpretation of the U.S. Patent Act's provisions on inducing infringement overseas, attorneys for Promega Corp told the U.S. Supreme Court on Monday.

Life Technologies, a unit of Thermo Fisher Scientific Corp, had a license from Madison, Wisconsin-based Promega to create DNA tests used in legal proceedings only. Promega first sued Life Technologies in the U.S. District Court for the Western District of Wisconsin in 2010, after Life Technologies started selling the tests for clinical diagnoses and other unlicensed uses.

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