Illumina Cambridge Limited v Latvia MGI Tech Sia

Illumina Cambridge Limited v Latvia MGI Tech Sia

The Modified Nucleotide Patents are not obvious over Zavgorodny because the skilled team would not, without hindsight, consider Zavgorodny relevant to sequencing by synthesis, nor would they have a reasonable expectation of success in using a 3'-O-azidomethyl blocking group. The patents are entitled to priority from P2, which provides an enabling and plausible disclosure. The 415 Patent is not a mere collocation, as the claimed molecule is a single invention with potential for interaction between its parts, and the specification demonstrates utility without adverse interaction.

Parties
Claimant/respondent: Illumina Cambridge Limited; Defendant/appellant: Latvia MGI Tech SIA; Defendant/appellant: MGI Tech Co., Ltd; Defendant/appellant: MGI International Sales Co., Ltd; Defendant/appellant: MGI Tech Hong Kong Co., Ltd (formerly BGI Complete Genomics Hong Kong Co., Ltd)
Jurisdiction
England and Wales
Judgment Date
17 December 2021
Procedural Posture
Civil Appeal (intellectual Property/patents) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Patent Validity, Obviousness, Priority Entitlement, Collocation Principle, Sequencing by Synthesis, Modified Nucleotides
Intellectual Property Patents Patent Validity Obviousness Priority Entitlement Collocation Principle Sequencing by Synthesis Modified Nucleotides

Case Brief

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Parties

Illumina Cambridge Limited

Claimant/respondent

Latvia MGI Tech SIA

Defendant/appellant

MGI Tech Co., Ltd

Defendant/appellant

MGI International Sales Co., Ltd

Defendant/appellant

MGI Tech Hong Kong Co., Ltd (formerly BGI Complete Genomics Hong Kong Co., Ltd)

Defendant/appellant

Procedural Posture

Civil Appeal (intellectual Property/patents) / Appeal Judgment

Legal Issues

  1. 1 Are the Modified Nucleotide Patents obvious over Zavgorodny?
  2. 2 Are the Modified Nucleotide Patents entitled to priority from P2?
  3. 3 Is the 415 Patent obvious as a collocation of non-inventive features?

Ratio Decidendi

The Modified Nucleotide Patents are not obvious over Zavgorodny because the skilled team would not, without hindsight, consider Zavgorodny relevant to sequencing by synthesis, nor would they have a reasonable expectation of success in using a 3'-O-azidomethyl blocking group. The patents are entitled to priority from P2, which provides an enabling and plausible disclosure. The 415 Patent is not a mere collocation, as the claimed molecule is a single invention with potential for interaction between its parts, and the specification demonstrates utility without adverse interaction.

Court Disposition

Appeal dismissed

Orders

  • MGI's appeals with respect to the Modified Nucleotide Patents are dismissed.
  • MGI's appeal in respect of the 415 Patent is dismissed.