NPR Defeats Illumina’s Motion to Dismiss in Scripps Litigation

April 14, 2017

 

NPR defeated Illumina’s motion to dismiss The Scripps Research Institute’s First Amended Complaint.

The Scripps Research Institute alleges that Illumina’s products infringe U.S. Patent No 6,060,596.

Illumina sought to dismiss The Scripps Research Institute’s complaint because Illumina alleged that Scripps did not plausibly allege infringement based on the interpretation of the claim limitation—the letter “a.”

Judge Janis L. Sammartino disagreed.  Judge Sammartino held that the Scripps Research Institute’s complaint showed how the accused products met each element of the asserted patent claims.

The Scripps Research Institute is represented by NPR partner Derek Gilliland and associate Winn Cutler.