Isabel Jamal appeared as part of a multi-counsel team for the Defendants in this patent validity and infringement trial concerning DNA sequencing technology. Five Illumina patents were in issue.
Three of the patents, all concerning modified nucleotides, were considered together. In light of challenges on the basis of obviousness, priority, insufficiency and added matter, amendments were permitted to each of these patents and each was held to be valid as amended, in one case pending explanation by Illumina of what the amendment was for. Claims of each of the three patents had been infringed.
The fourth patent, for an improved method of nucleotide detection, was invalid for obviousness over the cited prior art and was found not to be infringed either on a normal construction or on the basis of equivalence. The fifth patent, entitled “Dye compounds and the use of their labelled conjugates”, was valid as amended and infringed.