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Oxford Nanopore prevails against PacBio in decision by US Court of Appeal that upholds ITC ruling

Tue 12th February 2019

- Decision defeats attempts by PacBio to prevent Oxford Nanopore from selling its technology in the US -

Oxford Nanopore announces that the US Court of Appeals for the Federal Circuit today upheld the decision of the International Trade Commission (ITC) in favour of Oxford Nanopore. In a complaint previously filed by Pacific Biosciences, the ITC had previously ruled that the patents being asserted against Oxford Nanopore with claims directed towards a method of single molecule sequencing were limited to template-dependent synthesis.

The decision was also consistent with a recent decision by the European Patent Office to revoke Pacific Biosciences’ patent EP3045542 with claims to a single molecule sequencing process.

“Pacific Biosciences has not succeeded in its strategy to try to prevent us from selling our real-time, direct sequencing technology, that can provide a full range of solutions from field-based sequencing to terabases of ultra long reads in a lab,” said Gordon Sanghera, CEO.

The court issued a Rule 36 judgement, which is a unanimous confirmance of the ITC findings.

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