Country for PR: China
Contributor: PR Newswire Asia (China)
Wednesday, February 24 2021 - 07:36
US Court Grants MGI's Motion to Amend in Suit Against Illumina
SAN FRANCISCO, Feb. 24, 2021 /PRNewswire-Asianet/ --

A judge in the U.S. District Court for the Northern District of California has 
granted MGI's motion for leave to amend to add a new inequitable conduct 
defense of patent infringement lawsuit that Illumina filed against MGI in 
February 2020 (Case No. 20-cv-01465).

During this patent prosecution process, MGI alleges that Illumina intentionally 
withheld or failed to disclose a reference to a paper by Terez Kovacs and Laslo 
Otvos ("Kovacs")[1]. MGI asserts that the Kovacs reference is material, both 
because it discloses the same methodology that two of the inventors of the 
7,541,444 patent used to convert nucleosides to nucleotides and also because it 
provides a motivation for a person of ordinary skill in the art ("POSITA") to 
convert nucleosides to nucleotides.

The Court's order concludes that MGI has acted with reasonable diligence, 
amendment would not be unduly prejudicial to Illumina, and MGI's proposed 
inequitable conduct claim is not clearly futile under the relevant pleading 
standards. Accordingly, MGI's motion for leave to amend is granted.

MGI has already initiated an antitrust violation complaint towards Illumina in 
the United States in Jan 2021. The complaint, filed recently in the California 
Federal Court, pleads many instances of anticompetitive behavior including 
asserting at least three patents against MGI companies in an unlawful and 
fraudulent manner. 

About MGI

MGI Tech Co., Ltd. (MGI), a subsidiary of BGI Group, is committed to enabling 
effective and affordable healthcare solutions for all. Based on its proprietary 
technology, MGI produces sequencing devices, equipment, consumables and 
reagents to support life science research, medicine and healthcare. MGI's 
multi-omics platforms include genetic sequencing and medical imaging. Providing 
real-time, comprehensive, life-long solutions, its mission is to develop and 
promote advanced life science tools for future healthcare. For more information 
please visit Or connect on social media: or 

[1] The paper titled "Simple Synthesis of 5-Vinyl and 5-Ethynyl- 2' 
Deoxyuridine- 5'- Triphosphates", was published in Tetrahedron Letters, Vol. 
29, pp 4525-4528, 1988.
Source: MGI Tech Co., Ltd.