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The Scripps Research Institute v. Illumina, Inc.

United States District Court, S.D. California

April 14, 2017

THE SCRIPPS RESEARCH INSTITUTE, Plaintiff,
v.
ILLUMINA, INC., Defendant.

          ORDER DENYING DEFENDANT'S MOTION TO DISMISS (ECF NO. 30)

          Hon. Janis L. Sammartino United States District Judge

         Presently before the Court is Defendant Illumina, Inc.'s (“Illumina”) Motion to Dismiss. (“MTD, ” ECF No. 30.) Also before the Court are Plaintiff The Scripps Research Institute's (“Scripps”) response in opposition to, (“Opp'n, ” ECF No. 31), and Defendant's reply in support of, (“Reply, ” ECF No. 33), Defendant's MTD. The Court vacated the hearing on the MTD and took it under submission pursuant to Civil Local Rule 7.1(d)(1). (ECF No. 32.) After considering the parties' arguments and the law, the Court DENIES Defendant's Motion to Dismiss.

         BACKGROUND

         Plaintiff Scripps is a California non-profit engaged in medical research. (First Am. Compl. (“FAC”) ¶ 1, ECF No. 27.) Defendant Illumina is a genomics tool company that develops and markets, among other things, array-based systems and assays for genotyping, gene expression, and epigenetics. (Id. ¶ 2.)

         Plaintiff is the owner of U.S. Patent No. 6, 060, 596 (the “'596 patent”) entitled “Encoded Combinatorial Chemical Libraries.” (Id. ¶¶ 10-11.) As described by Plaintiff, the '596 patent

pertains to a “bifunctional molecule” used in the manufacture of DNA microarrays. DNA microarrays are used in the genetic analysis, cancer characterization, and diagnosis of many diseases. Each DNA substrate or bead in a microarray product contains hundreds of thousands of copies of specific DNA sequences, known variously as “probes, ” “oligonucleotides” or “oligos” for short. These probes can be a short section of a gene or other DNA element, and they can be used to detect a complimentary DNA or RNA sample, known as a “target probe” in an assay. Associated with each target probe is an “encoded probe” that identifies the specific sequence of the target probe. The target probe and the encoded probe are linked together to make up the bifunctional molecule.

(Id. ¶ 8.)

         Representative asserted claim 1 of the '596 patent is reproduced below:

1. A bifunctional molecule according to the formula A-B-C, wherein
A is a polymer comprising a linear series of chemical units represented by the formula (Xn)a, wherein X is a single chemical unit in polymer A,
B is a linker molecule operatively linked to A and C, and identifier oligonucleotide C is represented by the formula (Zn)a,
wherein a unit identifier nucleotide sequence Z within oligonucleotide C identifies the chemical unit X at position n; and
wherein n is a position identifier for both X in polymer A and Z in oligonucleotide C having the value of 1 where i is an integer from 0 to 10, such that when n is 1, X or Z is located most proximal to ...

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