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Genetic Technologies Limited Defeats Motion to Dismiss

Genetic Technologies Limited (“GTG”) has defeated a motion to dismiss brought by Agilent Technologies, Inc. in the United States District Court for the Northern District of California.  Benjamin Lieb of Sheridan Ross PC argued the motion to dismiss on behalf of GTG.

GTG’s Complaint alleged that Agilent infringed U.S. Patent No. 5,612,179 (“the ‘179 Patent) through its sale of products used for DNA testing and analysis. Agilent moved to dismiss the Complaint, arguing that the ‘179 Patent did not claim patent eligible subject matter pursuant to 35 U.S.C. § 101.

On March 7, 2014, U.S. District Court Judge Richard Seeborg denied Agilent’s motion to dismiss, finding GTG’s Complaint adequately pled and that Agilent had failed to show by clear and convincing evidence that the claims of the ‘179 Patent are patent ineligible.

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