Leslie Titus Bryant
May 08, 2023
Court rules against DNA Genotek in patent infringement case over saliva collection device.
SALT LAKE CITY, UTAH— On May 2, 2023, Spectrum Solutions® secured a summary judgment win in a patent infringement suit regarding Spectrum’s groundbreaking whole saliva collection device.
Spectrum’s SDNA device became the first product granted Emergency Use Authorization by the Food and Drug Administration for the collection of samples for RT-PCR Covid testing. Soon afterward, DNA Genotek—a wholly-owned subsidiary of Orasure Tehnologies, Inc.—accused Spectrum of infringing two U.S. patents with its saliva collection kits.
In today’s decision, Judge Robert S. Huie of the U.S. District Court for the Southern District of California issued an order granting Spectrums’ motion for summary judgment of non-infringement of the two patents-in-suit. The decision resolves in Spectrum’s favor all of the claims that DNA Genotek brought against Spectrum and its product in the case, leaving only Spectrum’s claims against DNA Genotek for inequitable conduct, alleging that one of the asserted patents was procured through fraud before the U.S. Patent & Trademark Office and that DNA Genotek violated the antitrust laws by suing Spectrum on a fraudulently-obtained patent.
Commenting on the decision, Stephen Fanning, Spectrum’s CEO, said: “We feel vindicated by the Court’s decision. Now that Spectrum has successfully defeated all of DNA Genotek’s claims, Spectrum can focus on its business without the specter of meritless infringement claims over our innovative technology.” Mr. Fanning also added that “Spectrum will continue to vigorously pursue its fraud and antitrust claims against DNA Genotek to seek treble damages and fees for DNA Genotek’s alleged anticompetitive conduct.”
Spectrum was represented in the matter by a team of attorneys at Knobbe Martens led by Ali Razai.
About Knobbe Martens
Knobbe Martens is a highly respected intellectual property law firm, offering legal services in all aspects of intellectual property and technology law. The firm’s litigation group handles cases throughout the U.S. and coordinates strategies for disputes worldwide. Founded in California in 1962, the firm has about 300 lawyers and scientists based in offices located in Orange County, Los Angeles, New York, San Diego, San Francisco, Seattle, and Washington D.C. Knobbe Martens serves a diverse international client base, from multinational corporations to emerging businesses of all stages. More information about the firm can be found at www.knobbe.com.
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