Columbia University sues Illumina over patent infringement

27 Mar 2012

Fending off a $ 5.7-billion hostile takeover from Swiss drugmaker Roche Holding, US-based gene-mapping company Illumina Inc, was yesterday hit by a lawsuit by Columbia University for allegedly infringing five DNA sequencing patents.

In its suit filed in the US District Court in Wilmington, Delaware, Columbia University alleges that San Diego-based Illumina commercialised its next-generation sequencing products despite knowing that the patents were held by the University.

The patents held by the 258 year-old University since 2009, ''are important to ongoing genomics research and discovery, particularly in the emerging field of personalised medicine, which seeks to use a patient's own genomic DNA sequence information as the basis for individualised healthcare,'' the New York-based University said in the court filing.

The university, which has had three US President as its students, is seeking damages based on royalties, and other reliefs, including an order to stop the infringement.

The university filed its suit just hours after Basel, Switzerland-based Roche extended its $44.50 per share cash takeover bid, which  Illumina had rejected for being inadequate and dramatically undervaluing the company.

Roche has already once extended its offer to 23 March, but Illumina's board has steadfastly rejected the low offer and has asked its shareholder to not tender their shares to the proposal.