Biotage then filed an application to the US Patent and Trademark Office applying for re-examination of all patent claims in the three patents mentioned above. At the same time Biotage submitted a request to stay the lawsuit in the district court pending the outcome of the re-examination proceedings. The court approved Biotage’s request and declared the district court lawsuit stayed until resolution of the reexamination proceedings.
The US Patent and Trademark Office have now also declared all claims of US patent 7,138,061 rejected. It is possible to file a notice of appeal. On 16 March Biotage published that the US Patent and Trademark Office had declared all claims of US patent 7,381,327 rejected. Decision is expected concerning the third patent later this year.
